Jackson v. Lincoln Mining Co.
Missouri Court of Appeals
Appeal from lasper Circuit Court. — Hon. J. D. Per Jems, Judge. (1) This being a suit under sections 2864 and 2865, Revised Statutes 1899, it was incumbent upon plaintiffs to both allege and prove that deceased left no child surviving. Barker v. Railway, 91 Mo. 86; McIntosh v. Railway, 103 Mo. 133; Sparks v. Railway, 31 Mo. App. 114; Dulaney v. Railway, 21 Mo.
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Appeal from lasper Circuit Court. — Hon. J. D. Per Jems, Judge. (1) This being a suit under sections 2864 and 2865, Revised Statutes 1899, it was incumbent upon plaintiffs to both allege and prove that deceased left no child surviving. Barker v. Railway, 91 Mo. 86; McIntosh v. Railway, 103 Mo. 133; Sparks v. Railway, 31 Mo. App. 114; Dulaney v. Railway, 21 Mo. App. 597; Parsons v. Railway, 94 Mo. 294. (2) It may be conceded that the person in charge of the car at the mouth of the shaft left the pin out of the axle of the car, and that the accident was thereby caused, yet the testimony was…
1Opinion of the CourtSmith, P. J.
Plaintiffs, the mother and father of Carl J. Jackson, brought this action under sections 2864, 2865, 2866, Revised Statutes, to recover damages for his death which was occasioned by the alleged negligence of defendant. The petition, in addition to the facts constituting the negligence, alleged that the said Carl J. Jackson was the plaintiffs’ son on whom they were dependent for support and “who was under the age of twenty-one years and a single and unmarried man.”
*445The judgment, which was for plaintiff in the court below, is here assailed by defendant on the ground that the petition does not…
2Cases cited8 opinions
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
- Epperson v. Postal Telegraph Cable Co.Supreme Court of Missouri · 1900
- McCarty v. Rood Hotel Co.Supreme Court of Missouri · 1898
- Card v. EddySupreme Court of Missouri · 1895
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3Cited by6 opinions
- Van Bibber v. Swift & Co.Supreme Court of Missouri · 1921
- Crain v. Webster Electric CooperativeMissouri Court of Appeals · 1978
- Winn v. Fulton Bag & Cotton MillsCourt of Appeals of Georgia · 1914
- Lamb v. TuckerSupreme Court of Georgia · 1916
- Sheets v. Mississippi River & Bonne Terre RailwayMissouri Court of Appeals · 1911
1 more not listed; retrieve them via the Exa API.