Probst ex rel. Grob v. St. Louis Basket & Box Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. Thomas G. Hennings, Judge. The petition does not state a cause of action. The death is alleged to have occurred on January 25, 1913, and this suit was filed November 20, 1914, one year and ten months later.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. Thomas G. Hennings, Judge. The petition does not state a cause of action. The death is alleged to have occurred on January 25, 1913, and this suit was filed November 20, 1914, one year and ten months later. The allegations in the petition that plaintiffs did “ within one year of the time of said death bring an action for damages on the same cause of action set forth in this petition and that plaintiffs suffered a non-suit in said action” is not sufficient, because it does not allege the date of said non-suit, nor jthat this action…
1Opinion of the CourtBecker, J.
— Plaintiffs sued by next friend for ■the alleged negligent killing of their father and recovered a judgment below against the defendant in the sum of $5500. In view of the assignments of error it will be necessary to set forth plaintiffs’petition, which is as follows:
“Plaintiffs state that they are the only lawful children of one John Probst, who was, on or about the 25th day of January, 1913, in the employ of defend-? ant in said factory and engaged under the guidance and control of defendant, in removing certain logs from a tank or vat filled with boiling water and live steam, which said…
2Cases cited7 opinions
- Clark v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1909
- Chandler v. Chicago & Alton RailroadSupreme Court of Missouri · 1913
- Wampler v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1916
- Tebeau v. RidgeSupreme Court of Missouri · 1914
- Troll v. Laclede Gas Light Co.Missouri Court of Appeals · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wehrli v. Wabash Railroad CompanySupreme Court of Missouri · 1958
- Stockton v. TesterMissouri Court of Appeals · 1954
- Sebree v. RosenSupreme Court of Missouri · 1965
- Claughton v. JohnsonWyoming Supreme Court · 1935
- Knott v. Missouri Boiler & Sheet Iron WorksSupreme Court of Missouri · 1923
4 more not listed; retrieve them via the Exa API.