Dulaney v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Pettis Circuit Court, Hon. John P-Steothee, Judge. The case and facts are sufficiently stated in the opinion of the court'. I. The petition does not state a cause of action. It does not allege that the deceased minor son of plaintiffs was unmarried at the time of his death. Sects. 2121, 2122, 2123, Rev. Stat. The cause of action is wholly ■statutory, and the plaintiffs must, by the allegations of their petition, bring themselves within its terms.
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Appeal from Pettis Circuit Court, Hon. John P-Steothee, Judge. The case and facts are sufficiently stated in the opinion of the court'. I. The petition does not state a cause of action. It does not allege that the deceased minor son of plaintiffs was unmarried at the time of his death. Sects. 2121, 2122, 2123, Rev. Stat. The cause of action is wholly ■statutory, and the plaintiffs must, by the allegations of their petition, bring themselves within its terms. McNamara v. JSlavens, 76 Mo. 329; Barlcer v. Railroad, 86 Mo. —. II. The petition is fatally defective in failing to allege that the…
1Opinion of the CourtEllison, J.
— This action was begun in the Moberly court of common pleas, and by change of venue was transferred to the circuit court of Pettis county.
It is brought by plaintiffs as- mother and father of Keene Dulaney, who was killed while in defendant’s employ. He was between seventeen and eighteen years of age, and was engaged as brakemen in switching cars in the city of Sedalia. There were five cars being switched onto a “Y.” In the second car back of the engine, which was a flat car, there were several large spikes which seem to have been driven up through the bottom of the car, and were sticking…
2Cases cited1 opinion
- McNamara v. SlavensSupreme Court of Missouri · 1882
3Cited by8 opinions
- Greer v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
- Railroad v. PittTennessee Supreme Court · 1892
- Jackson v. Lincoln Mining Co.Missouri Court of Appeals · 1904
- Sparks v. Kansas City, Springfield & Memphis RailroadMissouri Court of Appeals · 1888
- Sheets v. Mississippi River & Bonne Terre RailwayMissouri Court of Appeals · 1911
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