James v. Christy
Supreme Court of Missouri
•Appeal from St. Louis Court of Common Pleas. 1. An action for the causes set forth in the plaintiff’s petition can be maintained. 20 Wend. 210. 3 Comstock, 489. 2. If the action, as stated in the plaintiff’s petition, can be maintained, then it survives to the administrator. The personal representative of the plaintiff can maintain an action for the loss of the services or the plaintiff’s son, caused by the gross carelessness and fault of defendants.
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•Appeal from St. Louis Court of Common Pleas. 1. An action for the causes set forth in the plaintiff’s petition can be maintained. 20 Wend. 210. 3 Comstock, 489. 2. If the action, as stated in the plaintiff’s petition, can be maintained, then it survives to the administrator. The personal representative of the plaintiff can maintain an action for the loss of the services or the plaintiff’s son, caused by the gross carelessness and fault of defendants. This is the test in determining whether a cause of action survives. R. C. 76, art. 2, sec. 25. Acts 1849, art. 3, sec. 9. 4 Howard’s Prac. Rep.…
1Opinion of the CourtScott, Judge
The plaintiff brought an action against the defendants, as common carriers for hire, being the owners of a steam ferry boat used in crossing the Mississippi river from St. Louis to Illinois. It is alleged that, by reason of the imperfection of the machinery of the boat, which was known to the defendants, and their negligence and carelessness, an explosion occurred which caused the death of a son of the plaintiff whilst he was a passenger on the boat, crossing the river. The son was living with his father, and was fifteen years of age. After the beginning *164of tbe suit, tbe plaintiff died, and…
2Cases cited1 opinion
- Higgins v. BreenSupreme Court of Missouri · 1845
3Cited by28 opinions
- Cummins v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Glick Ex Rel. McGinty v. Ballentine Produce Inc.Supreme Court of Missouri · 1965
- Jason D. Dodson and Jason D. Dodson, Jr., a Minor, and Eva Raine Dodson-Lohse, a Minor, and August William Davis Dodson, a Minor, said Minors appearing by the duly appointed Next Friend Jason D. Dodson, Respondent/Cross-Appellant v. Robert P. Ferrara, M.D., and Mercy Clinic Heart and Vascular, LLC, Appellants/Cross-Respondents.Supreme Court of Missouri · 2016
- The Sea GullU.S. Circuit Court for the District of Maryland · 1865
- Morgan v. Southern Pac. Co.California Supreme Court · 1892
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