Smelser v. Missouri, Kansas & Texas Railway Co.
Supreme Court of Missouri
Appeal from Howard Circuit Court. — Hon. Alex. H. Waller, Judge. (1) Plaintiff’s action was bottomed on Sec. 5426, R. S. 1909, known as the compensatory section of the Damage Act, and not on section 5425 of said act, as the latter section has application only in those cases where death is occasioned “by the negligence, unskillfulness or criminal intent of any officer, agent, servant or employee, whilst running, conducting or managing any locomotive, car or train of cars.”
Read the full summary
Appeal from Howard Circuit Court. — Hon. Alex. H. Waller, Judge. (1) Plaintiff’s action was bottomed on Sec. 5426, R. S. 1909, known as the compensatory section of the Damage Act, and not on section 5425 of said act, as the latter section has application only in those cases where death is occasioned “by the negligence, unskillfulness or criminal intent of any officer, agent, servant or employee, whilst running, conducting or managing any locomotive, car or train of cars.” The right of action given under Sec. 2864 (now Sec. 5425) is not that given under Sec. 2865 and 2866 (now Secs. 5426 and…
1Opinion of the CourtWalker, P. J.
Plaintiff, as administrator of the estate of James E. Reilly, deceased, brought suit against defendant, a railway company, in the circuit, court of Howard county, under section 5426, Revised Statutes 1909, for $10,000 damages for the death of said Reilly through the alleged negligence of the defendant. Upon a trial a verdict and judgment was rendered in favor of plaintiff in the sum of $8000, from which defendant appeals.
James B. Reilly, at the time of the accident and for three years prior thereto, had been employed by defendant as a railway brakeman on one of its trains running from…
2Cases cited27 opinions
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1911
- Casey v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Safford v. DrewThe Superior Court of New York City · 1854
22 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lackey v. United Railways Co.Supreme Court of Missouri · 1921
- Dalton v. St. Louis Smelting & Refining Co.Missouri Court of Appeals · 1915
- O'Hara v. Lamb Construction Co.Missouri Court of Appeals · 1918
- Hosheit v. LuskMissouri Court of Appeals · 1915
- Wallace v. WoodsSupreme Court of Missouri · 1937
1 more not listed; retrieve them via the Exa API.