Casey v. Hoover & Wrought Iron Bridge Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court . — Hon. Shannon G. Douglass, Judge. Plaintiff had legal capacity to sue. Jones v. Railroad, 178 Mo. 528. The term representatives includes widow, heirs, distributors, assigns, etc. Heirs of Mullanphy v. Simpson, 4 Mo. 1; Loos v. Ins. Co., 41 Mo. 540; 18 Am. and Eng. Ency. Law (2 Ed.), 818, 819. William Casey, had he lived, could have maintained this action.
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Appeal from Jackson Circuit Court . — Hon. Shannon G. Douglass, Judge. Plaintiff had legal capacity to sue. Jones v. Railroad, 178 Mo. 528. The term representatives includes widow, heirs, distributors, assigns, etc. Heirs of Mullanphy v. Simpson, 4 Mo. 1; Loos v. Ins. Co., 41 Mo. 540; 18 Am. and Eng. Ency. Law (2 Ed.), 818, 819. William Casey, had he lived, could have maintained this action. Casey v. Hoover, 89 S. W. 330. (1) The right of action to recover damages for injuries resulting in death is entirely statutory; and the action, whether brought in the State creating the right or in any…
1Opinion of the CourtValliant, J.
Plaintiff sues to recover damages for the death of her husband caused, as she alleges, by the negligence of the defendants. The alleged wrong occurred in Oklahoma and the suit is founded on a statute of that Territory as follows: R. S. Oklahoma, sec. 4313, par. 435:
“When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he lived, against the latter for an injury for the same act or omission. The action must be commenced within…
2Cases cited3 opinions
- Jones v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
- Lee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- McGinnis v. Missouri Car & Foundry Co.Supreme Court of Missouri · 1903
3Cited by10 opinions
- Givertz v. Maine Medical CenterSupreme Judicial Court of Maine · 1983
- State Ex Rel. Emmons v. HollenbeckMissouri Court of Appeals · 1965
- Vaughan v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1914
- Wells v. DavisSupreme Court of Missouri · 1924
- Connor v. N. Y., N. H. & H. R. R. Co.Supreme Court of Rhode Island · 1908
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