Dalton v. St. Louis Smelting & Refining Co.
Missouri Court of Appeals
Appeal from St. Francois Circuit Court.—How. Peter H. Euck, Judge. (1) The. first count of respondents’ second amended petition wholly fails to state a cause of action against appellant; said count wholly fails to allege that the relation of master and servant existed between appellant and respondents—parents of Jerry Dalton.
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Appeal from St. Francois Circuit Court.—How. Peter H. Euck, Judge. (1) The. first count of respondents’ second amended petition wholly fails to state a cause of action against appellant; said count wholly fails to allege that the relation of master and servant existed between appellant and respondents—parents of Jerry Dalton. The right of parents—respondents—to the earnings of their minor son—Jerry Dalton—during his minority, originated, not by virtue of the relationship of parents and child, hut from the relationship of master and servant; and it was essential to aver in the first count of…
1Opinion of the CourtReynolds, P. J.
Plaintiffs, husband and wife, father and mother of Joseph J. Dalton, referred to in the record as Jerry Dalton, brought their action against defendant to recover damages for the death of that son, a minor.
The defendant is a company organized and incorporated under what is now article 7, chapter 33, Revised Statutes 1909, to carry on the business 'of mining, smelting and refining ores and mineral substances, to purchase, transport and work such ores, and generally to establish and carry on whatever other business may be convenient, proper or necessary to be done incidental to and in connection…
2Cases cited19 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Geismann v. Missouri-Edison Electric Co.Supreme Court of Missouri · 1903
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Beave v. St. Louis Transit Co.Supreme Court of Missouri · 1908
14 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Annin v. JacksonSupreme Court of Missouri · 1937
- Spalding v. RobertsonSupreme Court of Missouri · 1947
- Jackiewicz v. United Illuminating Co.Supreme Court of Connecticut · 1927
- Neely v. FreezeMissouri Court of Appeals · 1949
- Roberts v. Kansas City Railways Co.Missouri Court of Appeals · 1920
5 more not listed; retrieve them via the Exa API.