Mason v. Kansas City Belt Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Jackson L. Smith, Special Judge. (1) Under the code practice of this State, an involuntary nonsuit is merely a dismissal of plaintiffs’ cause of action, where it is taken before the cause is finally submitted to the jury, as was done in plaintiffs’ case at Independence, based on the same cause of action as the case at bar. Waterworks Co. v. School Disk, 23 Mo.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. Jackson L. Smith, Special Judge. (1) Under the code practice of this State, an involuntary nonsuit is merely a dismissal of plaintiffs’ cause of action, where it is taken before the cause is finally submitted to the jury, as was done in plaintiffs’ case at Independence, based on the same cause of action as the case at bar. Waterworks Co. v. School Disk, 23 Mo. App. 235; West v. McMullin, 112 Mo. 409; State v. Railroad, 149 Mo. 109’; Pub. Co. v. Young, 90 Mo. App. 513; Weithaupt v. St. Louis, 158 Mo. 659; Meddis v. Wilson, 175 Mo. 133. (2) It is not…
1Opinion of the CourtWoodson, J.
Plaintiffs brought this suit in the circuit court of Jackson county, Missouri, for the recovery of damages sustained by them through the alleged negligence of the defendant in causing the death of their son, at Kansas City, Kansas.
The petition in this case was filed August 4, 1906, which stated a good cause of action against the defendant; but as no point is made in that regard, it will receive no- further consideration.
The facts are not disputed, and are stated by counsel for respondent, substantially, as follows:
A former suit was- instituted by plaintiffs to recover damages on account of…
2Cases cited14 opinions
- Clark v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1909
- State ex rel. Applegate v. TaylorSupreme Court of Missouri · 1909
- Chouteau v. RowseSupreme Court of Missouri · 1886
- Wetmore v. CrouchSupreme Court of Missouri · 1905
- Boyce v. SnowIllinois Supreme Court · 1900
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Scanlon v. Kansas CitySupreme Court of Missouri · 1930
- State Ex Rel. Research Medical Center v. PetersMissouri Court of Appeals · 1982
- Levee District No. 4 of Dunklin County v. SmallMissouri Court of Appeals · 1955
- Manning v. Connecticut Fire InsuranceMissouri Court of Appeals · 1913
- Ferber v. BruecklSupreme Court of Missouri · 1929
9 more not listed; retrieve them via the Exa API.