Sharp v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. (1) The petition does not allege that plaintiffs were all of the children that deceased left surviving him at the time of his death, and it cannot he contended that it was not absolutely necessary that all of his children should join in this suit. Any less number could not maintain it, as it can he maintained by no one except those coming strictly within the terms of the statute.
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Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. (1) The petition does not allege that plaintiffs were all of the children that deceased left surviving him at the time of his death, and it cannot he contended that it was not absolutely necessary that all of his children should join in this suit. Any less number could not maintain it, as it can he maintained by no one except those coming strictly within the terms of the statute. The fact that the petition alleges that plaintiffs were all of the children of the deceased some time prior to his death, does not cure the defect,…
1Opinion of the CourtLamm, J.
Defendant appeals from a judgment, nisi, of $5,000' in favor of plaintiffs who are the minor children of David W. Sharp, deceased, and who sue by their mother, Gertrude L., as next friend.
The gist of the petition is that on September 16, 1903, while in the line of his duty in climbing one of defendant’s moving freight cars to. get on top, one of . the grab-irons or iron rods in the car’s ladder pulled from its fastenings as he was using it as a handhold, and thereby the said David W. Sharp, a switchman in *522defendant’s employ, was caused to fall on his back across one of the rails of…
2Cases cited3 opinions
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
- McDermott v. ClaasSupreme Court of Missouri · 1890
- People's Bank v. ScalzoSupreme Court of Missouri · 1895
3Cited by22 opinions
- Mattfeld v. NesterSupreme Court of Minnesota · 1948
- Nelms Ex Rel. Nelms v. BrightSupreme Court of Missouri · 1957
- Wheeler v. Fidelity & Casualty Co. of New YorkSupreme Court of Missouri · 1923
- Scrivner v. American Car and Foundry Co.Supreme Court of Missouri · 1932
- Summers v. KellerMissouri Court of Appeals · 1911
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