Kelly v. Benas
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) There was ample evidence given in favor of plaintiffs’ cause of action tending to prove each material averment of the petition, and if the petition states a cause of action plaintiffs’ evidence entitled them to have their cause submitted to the jury and a verdict thereon.
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Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) There was ample evidence given in favor of plaintiffs’ cause of action tending to prove each material averment of the petition, and if the petition states a cause of action plaintiffs’ evidence entitled them to have their cause submitted to the jury and a verdict thereon. The trial court ruled twice that plaintiffs were entitled to have the case submitted to the jury, first, on the objection to the petition as not stating a cause of action, and again at the close ■of the evidence for plaintiffs, and yet after the…
1Opinion of the CourtLamm, P. J.
Plaintiffs (father and mother of Michael Kelly) sued for the death of Michael, an infant of tender years, laying their damages at $5,000, and grounding their action on negligence. Proof went in pro and con. At the close of the evidence the court instructed the jury that under the pleadings and evidence their verdict must be for defendants. Thereupon plaintiffs took a nonsuit with leave. Failing to get it set aside, they appeal.
The pleadings.
The petition charges the intermarriage of plaintiffs; that their son, Michael, was the rise of nine years old on the 18th of June, 1905; that defendants…
2Cases cited11 opinions
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
- Koons v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1877
- Moran v. Pullman Palace Car Co.Supreme Court of Missouri · 1896
- Overholt v. ViethsSupreme Court of Missouri · 1887
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3Cited by65 opinions
- Glaser v. RothschildSupreme Court of Missouri · 1909
- Louisville & Nashville Railroad v. RayTennessee Supreme Court · 1910
- Salt River Valley Water Users' Ass'n v. ComptonArizona Supreme Court · 1932
- Hull Ex Rel. Hull v. GilliozSupreme Court of Missouri · 1939
- Boyer v. Guidicy Marble, Terrazzo & Tile Co.Supreme Court of Missouri · 1952
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