Poor v. Watson
Missouri Court of Appeals
Appeal from Macon Circuit Oonrt. — Hon. Nat M. Shelton, Judge. (1) For the recovery of a death loss under the mining act and the damage act there is a different provision, both as to the amount of damage and the parties entitled to sue. Sec. 8820, R. S. 1899; Sec. 2864, R. S. 1899; Sutherland on Statutory Construction, section 217; State v. Cornwall, 58 Neb. 556; Coal Oo. v. Taylor, 81 Ill. 590; Boyd v. Goal Oo., 25 Ind.
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Appeal from Macon Circuit Oonrt. — Hon. Nat M. Shelton, Judge. (1) For the recovery of a death loss under the mining act and the damage act there is a different provision, both as to the amount of damage and the parties entitled to sue. Sec. 8820, R. S. 1899; Sec. 2864, R. S. 1899; Sutherland on Statutory Construction, section 217; State v. Cornwall, 58 Neb. 556; Coal Oo. v. Taylor, 81 Ill. 590; Boyd v. Goal Oo., 25 Ind. App. 157. (2) If the death of Mr. Poor was occasioned by a violation of any of the provisions of article 2 of the mining act, or by the omission of any of the duties imposed…
1Opinion of the CourtEllison, J.
The plaintiff is the infant only child of Thomas Poor, who was killed in an entryway of defendant’s coal mine in Macon county and she, through her next friend, brought this action for damages on account of his death resulting from the negligence of defendant.
The point made on this appeal is as to the sufficiency of the petition to state a cause of action; that is to say, it shows on its face that the cause of action stated does not belong to plaintiff. The particular point made by defendant is this:' *95The action is founded on the mining statute which gives the survivorship to widows of miners…
2Cases cited13 opinions
- Brown v. PiperSupreme Court of the United States · 1875
- Norwalk Gaslight Co. v. Borough of NorwalkSupreme Court of Connecticut · 1893
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Jamieson v. Indiana Natural Gas & Oil Co.Indiana Supreme Court · 1891
- Hamman v. Central Coal & Coke Co.Supreme Court of Missouri · 1900
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- Sun Insurance Office v. Western Woolen-mill Co.Supreme Court of Kansas · 1905
- Vaughan v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1914
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