Czezewzka v. Benton-Bellefontaine Railway Co.
Supreme Court of Missouri
Appeal from Warren Circuit Coxvrt. — Hon. W. W. Edwards, Judge. (1) The hypothetical question as to the distance in which a car can be stopped should embody all the facts relating to the subject. Sewn v. Railroad, 108 Mo. 142. (2) The petition fails to state a cause of action in that it does not state that the deceased was-unmarried. R. S. of Mo. 1889, sec. 4425; Barker v. Railroad, 91 Mo. 86; Sparks v. Railroad, 31 Mo. App. 190; Dulaney v. Railroad, 21 Mo.
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Appeal from Warren Circuit Coxvrt. — Hon. W. W. Edwards, Judge. (1) The hypothetical question as to the distance in which a car can be stopped should embody all the facts relating to the subject. Sewn v. Railroad, 108 Mo. 142. (2) The petition fails to state a cause of action in that it does not state that the deceased was-unmarried. R. S. of Mo. 1889, sec. 4425; Barker v. Railroad, 91 Mo. 86; Sparks v. Railroad, 31 Mo. App. 190; Dulaney v. Railroad, 21 Mo. App. 597; McIntosh v. Rail/road, 103 Mo. 131. (3) The instructions for the plaintiff are erroneous in that they authorized a recovery by…
1Opinion of the CourtBrace, J.
This is an action for damages originally brought in the circuit court of the city of St. Louis, by John Czezewzka and his wife Eva, against the defendant-for the death of their infant son. The case was taken by change of venue to the Warren county circuit court, where it was tried. Before the trial the husband died. The plaintiff Eva on the trial obtained a judgment for $5,000, and the defendant appealed.
The cause of action as set out in the petition is as-follows:
“That on or about the fifth day of July, 1889, Gfustavus Czezewzka, an infant son of said plaintiffs, under the age of two years,…
2Cases cited10 opinions
- Isabel v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
- Boland v. Missouri RailroadSupreme Court of Missouri · 1865
- Reilly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- Rosenkranz v. Lindell Railway Co.Supreme Court of Missouri · 1891
- O'Flaherty v. Union Railway Co.Supreme Court of Missouri · 1869
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Chawkley v. Wabash Railway Co.Supreme Court of Missouri · 1927
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Klockenbrink v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1899
- Herrell v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1929
- Baird v. Citizens' Railway Co.Supreme Court of Missouri · 1898
15 more not listed; retrieve them via the Exa API.