Relyea v. Kansas City, Fort Scott & Gulf Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Sloyeb, Judge. (1) The court erred in sustaining defendant’s demurrer to the evidence on the ground that plaintiff had failed to show that she had been legally divorced from her former husband, and, hence, failed to show that she was the lawful widow of Johnson Relyea and as such entitled to maintain the suit. And in excluding .the evidence offered to show that she had applied for and obtained a decree of divorce.
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Appeal from Jackson Circuit Court. — Hon. J. H. Sloyeb, Judge. (1) The court erred in sustaining defendant’s demurrer to the evidence on the ground that plaintiff had failed to show that she had been legally divorced from her former husband, and, hence, failed to show that she was the lawful widow of Johnson Relyea and as such entitled to maintain the suit. And in excluding .the evidence offered to show that she had applied for and obtained a decree of divorce. Her marriage to Relyea being shown, the presumption of her eligibility at once arose, either by death of or divorce from her husband,…
1Opinion of the CourtBlack, J.
The plaintiff brought this suit as the widow of Johnson Relyea to recover damages becaqse of the death of her husband, who received injuries while in the employ of the defendant, and from which injuries he died.
*91The trial court sustained a demurrer to the plaintiff’s evidence, and she took a nonsuit with leave, etc.
In support of this ruling, it is insisted that plaintiff’s husband received the injuries which caused his-death by reason of the negligence of a fellow-servant, and for this reason the defendant is not liable.
The evidence produced by the plaintiff discloses the following facts: At…
2Cases cited4 opinions
- Sullivan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Schaub v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- Parker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- Dixon v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
3Cited by21 opinions
- Root v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1906
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
- Haskell & Barker Car Co. v. PrzezdziankowskiIndiana Supreme Court · 1908
- Brayman v. Russell & Pugh Lumber Co.Idaho Supreme Court · 1917
- Card v. EddySupreme Court of Missouri · 1895
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