Morgan v. Durfee
Supreme Court of Missouri
Appeal from Atchison Circuit Court. — Hon. H. S. Kelley, Judge. This was an action under the statute concerning damages, (Wag. Stat., p. 520,) sections 2 and 3 of which give the minor child a right of action for the killing of his parent.
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Appeal from Atchison Circuit Court. — Hon. H. S. Kelley, Judge. This was an action under the statute concerning damages, (Wag. Stat., p. 520,) sections 2 and 3 of which give the minor child a right of action for the killing of his parent. Section 4 provides that the jury may give such damages as they may deem fair and just, not exceeding $5,000, with reference to the necessary injury resulting from such death, and also having regard to the mitigating or aggravating circumstances attending the act which caused the death. At the trial evidence was given tending to .show that the defendant was…
1Opinion of the CourtSherwood, C. J.
Action on behalf of Alonzo P. Morgan for damages for killing his father, Pressley Q. Morgan. On trial had, a verdict was returned for $400, and judgment accordingly.
The deceased, who was in the habit of carrying concealed weapons, and had a well established reputation for being a turbulent, quarrelsome and dangerous man, and was, it seems, somewhat the physical superior of Durfee, entered the law office of the latter, to whom his reputation as a dangerous man was well known, in an apparently friendly manner, though he had just previously made threats in a saloon of his purpose to do him a…
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