Freie v. St. Louis-San Francisco Railway Co.
Supreme Court of Missouri
Appeal from Franklin Circuit Court. — Hon. B. A. Breuer, Judge. (1) The demurrer is not well taken. The history of the statutes, as to death by wrongful act, shows the legislative intent to create a right of survivorship in this plaintiff, and such history should be considered in interpretation of the present law.
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Appeal from Franklin Circuit Court. — Hon. B. A. Breuer, Judge. (1) The demurrer is not well taken. The history of the statutes, as to death by wrongful act, shows the legislative intent to create a right of survivorship in this plaintiff, and such history should be considered in interpretation of the present law. Johnson v. Railroad, 196 U. S. 17; Macke v. Byrd, 131 Mo. 682; Greely v. Railroad, 123 Mo. 157. (2) These statutes (giving an action in such circumstances) should not he construed as in “derogation” of any ancient law, but as highly humane and remedial; and as such, effect be given…
1Opinion of the Court
The amended petition upon which the case was disposed of in the trial court is stated by counsel for appellant, as follows:
After the usual allegations of defendant's incorporation as a railway company, it charges, that defendant, while operating its train in said county, negligently ran through the town of Catawissa, at a high and dangerous rate of speed, over a public road or street crossing, without signal by bell or whistle, where the view of travelers on the road was obstructed, in consequence of which negligence, Mrs. Elizabeth Freie was killed by one of defendant's trains at said…
2Cases cited6 opinions
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Gilkeson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
- Bates v. SylvesterSupreme Court of Missouri · 1907
- McIntosh v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Elliott v. Kansas CitySupreme Court of Missouri · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Cummins v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- State Ex Rel. Smith v. GreeneSupreme Court of Missouri · 1973
- State Ex Rel. National Refining Co. v. SeehornSupreme Court of Missouri · 1939
- Jordan v. St. Joseph Railway, Light, Heat & Power Co.Supreme Court of Missouri · 1934
- Mennemeyer v. HartSupreme Court of Missouri · 1949
7 more not listed; retrieve them via the Exa API.