Matlock v. Williamsville Greenville & St. Louis Railway Co.
Supreme Court of Missouri
Appeal from Wayne Circuit Court. — lion. Frank R. Bearing, Judge. (1) The case falls under section 2864, Revised Statutes 1899. Miller v. Railroad, 109 Mo. 361; Sullivan v. Railroad, 97 Mo. 113; Rinard v. Railroad, 164 Mo. 270. (2) The right to bring an action of this sort is founded upon the relation of parent and child and not that of master and servant; it is the right of the father and mother or father or mother to recover damages which the son might have recovered had…
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Appeal from Wayne Circuit Court. — lion. Frank R. Bearing, Judge. (1) The case falls under section 2864, Revised Statutes 1899. Miller v. Railroad, 109 Mo. 361; Sullivan v. Railroad, 97 Mo. 113; Rinard v. Railroad, 164 Mo. 270. (2) The right to bring an action of this sort is founded upon the relation of parent and child and not that of master and servant; it is the right of the father and mother or father or mother to recover damages which the son might have recovered had he survived the injury. Hennessy v. Brewing Company, 145 Mo. 104; Crockett v. Transfer Company, 45 Mo. 564; Proctor v.…
1Opinion of the CourtGantt, J.
This is an action brought by Jason L. Matlock against the defendant railway company for damages to the amount of $5,000, under section 2864, Revised Statutes 1899, for the killing of plaintiff’s minor son.
*497The deceased was at the time of his death eighteen years and eight months old, and unmarried. The plaintiff is his sole surviving parent. The defendant is a railroad company owning and operating a line of railroad in Wayne county, Missouri. Deceased at the time of his death and for two weeks prior thereto, was in the employ of the defendant company as a brakeman on a log train running out to…
2Cases cited3 opinions
- Philpott v. Missouri Pacific RailroadSupreme Court of Missouri · 1884
- Hennessy v. Bavarian Brewing Co.Supreme Court of Missouri · 1898
- King v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
3Cited by13 opinions
- Stetz v. F. Mayer Boot & Shoe Co.Wisconsin Supreme Court · 1916
- Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1913
- Lupher v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1910
- Plick v. Toye Bros. Auto & Taxicab Co.Louisiana Court of Appeal · 1930
- Boshaw v. J. J. Newberry Co.Michigan Supreme Court · 1932
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