Aley v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Ron. N. M. Bradley, Judge. (1) As J. W. Aley was a non-resident of Missouri, the clerk had no legal right to appoint him as next friend, nor can he legally prosecute this suit, and especially on account of having given no bond as required by section 554, Revised Sta'tutes 1899'. (2) At common law, a personal right of action died with the person.
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Appeal from Johnson Circuit Court. — Ron. N. M. Bradley, Judge. (1) As J. W. Aley was a non-resident of Missouri, the clerk had no legal right to appoint him as next friend, nor can he legally prosecute this suit, and especially on account of having given no bond as required by section 554, Revised Sta'tutes 1899'. (2) At common law, a personal right of action died with the person. If respondents are entitled to recover on account of the death of Tilghman H. Aley and Alice Aley, his wife, it is by virtue of a transmitted right, given by section 2864, Revised Statutes 1899: Bates v. Sylvester,…
1Opinion of the CourtLamm, J.
— On December 20th, 1904, suit was brought in the Johnson Circuit Court for the death of Tilghman H. and Alice Aley, the father and mother of the minor plaintiffs, Benjamin F., Ruby, Howard and Mary Aley. The petition was in three counts — the first, for $5,000 damages bottomed on the wrongful death of the father through the negligence of defendant, its agents, servants and employees; the second (■mutatis mutandis) for like amount for the wrongful death of the mother at the same time and place; and the third (mutatis mutandis) for $10,000 damages for the death of both parents at the same time…
2Cases cited11 opinions
- Perry v. . DickersonNew York Court of Appeals · 1881
- White v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1907
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Casey v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Blumenthal v. CraigCourt of Appeals for the Third Circuit · 1897
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3Cited by8 opinions
- Hanson v. NealSupreme Court of Missouri · 1908
- State Ex Rel. Research Medical Center v. PetersMissouri Court of Appeals · 1982
- McCall v. ThompsonSupreme Court of Missouri · 1941
- In Re West of St. Louis Trust Co. v. BrokawMissouri Court of Appeals · 1937
- Connor v. Wabash RailroadMissouri Court of Appeals · 1910
3 more not listed; retrieve them via the Exa API.