Sheets v. Mississippi River & Bonne Terre Railway
Missouri Court of Appeals
Appeal from St. Francois, Circuit Court. — Son. Charles A. Killian, Judge. (1) The petition in this canse is fatally defective for the reason that it 'does not show that plaintiff has any interest in the damages claimed in such petition. R. S. 1899, see. 2864. (2) The right of action being purely statutory, plaintiff must allege and prove every essential fact showing that she is entitled to the benefits of the statute.
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Appeal from St. Francois, Circuit Court. — Son. Charles A. Killian, Judge. (1) The petition in this canse is fatally defective for the reason that it 'does not show that plaintiff has any interest in the damages claimed in such petition. R. S. 1899, see. 2864. (2) The right of action being purely statutory, plaintiff must allege and prove every essential fact showing that she is entitled to the benefits of the statute. Pier v. Heinrichofen, 52 Mo. 333; State ex rel. v. Matson, 38 Mo. 489; Outshall v. McGowan, 98 Mo. App. 705; Casey v. Transit Co., 116 Mo. App1. 232; Barron v. Lead & Zinc Co.,…
1Opinion of the CourtGray, J.
This is an action by Minerva Sheets, to recover five thousand dollars damages, under section 2864, Revised Statutes 1899, on account of the death of her husband, William Sheets, while an employee of the defendant company in the capacity of a fireman. The accident causing the death of William Sheets is alleged to have occurred on June 6,1905. - The petition *381in this .case was filed October 12, 1906, and to escape the bar of the Statute of Limitations, the petition alleges: “Within one year of the non-suit which she suffered in her former action on this cause, plaintiff files this, her petition…
2Cases cited13 opinions
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Danforth v. Lindell Railway Co.Supreme Court of Missouri · 1894
- Packard v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1904
- McIntosh v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
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3Cited by4 opinions
- LeVada Hughes and Occupants v. Habitat Apartments, Texas Court of Appeals, 5th District (Dallas)1992
- Kelly v. RossMissouri Court of Appeals · 1912
- Smith Ex Rel. Smith v. AlleeMissouri Court of Appeals · 1922
- State v. O'KelleyMissouri Court of Appeals · 1911