Henderson v. Terminal Railroad
Missouri Court of Appeals
■ Appeal from St. Louis City Circuit Court. — Now. Jesse A. McDonald, Judge. If there was any negligence, aside from Henderson’s own negligence, which directly contributed to produce his death, it was that of fellow-servants, and the plaintiff is not entitled to maintain this action, since the statute which was in force at the time of the death of James M. Henderson did not entitle a widow to sue for the death of her husband, resulting from the negligent acts of…
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■ Appeal from St. Louis City Circuit Court. — Now. Jesse A. McDonald, Judge. If there was any negligence, aside from Henderson’s own negligence, which directly contributed to produce his death, it was that of fellow-servants, and the plaintiff is not entitled to maintain this action, since the statute which was in force at the time of the death of James M. Henderson did not entitle a widow to sue for the death of her husband, resulting from the negligent acts of fellow-servants. Strottman v. Railroad. 109 S. W. 769 ; R. S.. 1899, secs. 2873, 2874' and 2875'; Broadwater v. Railroad, 110' S. W.…
1Opinion of the CourtReynolds, P. J.
This is an action for damages for the death of plaintiff’s husband, who died as the result of injuries sustained while in the discharge of his duties as foreman of a switching crew, in the employ and service of'defendant, in moving cars on defendant’s tracks in the city of St. Louis. The accident and resultant death occurred on October 14, 1904; this action was instituted April 11, 1905; the trial was had in the circuit court before the .court and a jury on November 8, 1905, resulting’in a verdict of five thousand dollars in favor of the plaintiff, judgment following. The accident is charged…
2Cases cited3 opinions
- Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1908
- Broadwater v. Wabash RailroadSupreme Court of Missouri · 1908
- Penney ex rel. Ramey v. St. Joseph Stock Yards Co.Supreme Court of Missouri · 1908