Hennesey v. Bavarian Brewing Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. L. Soarritt, Judge. (1) The petition is not good for the reason it fails to allege that the deceased was the servant of plaintiff, that by his death she would lose his services, or that she was damaged by such loss. Matthews v. Railroad, 26 Mo. App. 75; Dunn v. Railroad, 21 Mo. App. 188; Buck v. Railroad, 46 Mo.
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Appeal from the Jackson Circuit Court. — Hon. E. L. Soarritt, Judge. (1) The petition is not good for the reason it fails to allege that the deceased was the servant of plaintiff, that by his death she would lose his services, or that she was damaged by such loss. Matthews v. Railroad, 26 Mo. App. 75; Dunn v. Railroad, 21 Mo. App. 188; Buck v. Railroad, 46 Mo. App. 555. (2) The court erred in overruling defendant’s demurrer to plaintiff’s evidence, and in refusing to give the same instruction at the close of the case. Leahy v. Railroad, 121 Mo. 227; Parsons v. Railroad, 94 Mo. 286; Rains v.…
1Opinion of the CourtSmith, P. J.
This is an action for damages brought by plaintiff, for the death of her minor son, Thomas Donlin, by a former husband. Said Thomas Donlin, a boy between thirteen and fourteen years of age, had been in the employ of the Bavarian Brewing Company about a year and a half prior to the ninth day of August, 1893, when he was killed by an empty beer.barrel rolling down a chute from the outside of the basement of a building used for a bottling shop. There was a trial and judgment for plaintiff, from which defendant has appealed.
At the inception of the trial, defendant objected to the introduction of…
2Cases cited22 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Williams v. . HutchinsonNew York Court of Appeals · 1850
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Proctor v. Hann. & St. Joe. R. R.Supreme Court of Missouri · 1876
- Tetherow v. St. Joseph & Des Moines RailroadSupreme Court of Missouri · 1888
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3Cited by4 opinions
- Hennessy v. Bavarian Brewing Co.Supreme Court of Missouri · 1898
- Franklin v. ButcherMissouri Court of Appeals · 1910
- Dalton v. St. Louis Smelting & Refining Co.Missouri Court of Appeals · 1915
- Scamell v. St. Louis Transit Co.Missouri Court of Appeals · 1903