Gray v. McDonald
Missouri Court of Appeals
Appeal from Livingston Circuit Court, Hon. James M. Davis, Judge. Statement of case. This is an action for damages resulting from the killing of plaintiff’s husband. The plaintiff is the widow of John Q. Gray. The deceased and defendant were neighbors, living near the town of Lisbonville, in Ray county, bet ween whom there does not appear to have been other feeling than that of friendship and neighbor-ship, prior to the trouble hereinafter mentioned.
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Appeal from Livingston Circuit Court, Hon. James M. Davis, Judge. Statement of case. This is an action for damages resulting from the killing of plaintiff’s husband. The plaintiff is the widow of John Q. Gray. The deceased and defendant were neighbors, living near the town of Lisbonville, in Ray county, bet ween whom there does not appear to have been other feeling than that of friendship and neighbor-ship, prior to the trouble hereinafter mentioned. They were both men of good character, and were good citizens. On the sixth day of July, 1885, Gray was in the town of Lisbonville in the…
1Opinion of the CourtPhilips, P. J.
I. The first contention of appellant is, that, under the statute authorizing this character of action, only the person who committed the act of homicide is liable in damages to the designated survivor of *487the deceased. The statute is as follows : “ Section 2122. Whenever the death of a person shall be caused by a wrongful act, neglect, or default of another, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who, or the corporation…
2Cases cited6 opinions
- Morgan v. DurfeeSupreme Court of Missouri · 1879
- Proctor v. Hann. & St. Joe. R. R.Supreme Court of Missouri · 1876
- Nichols v. WinfreySupreme Court of Missouri · 1883
- Cooper v. JohnsonSupreme Court of Missouri · 1884
- Jackson v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- MacDonald v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Colleen M. Auer v. CBCInnovis, Inc.Court of Appeals for the Eighth Circuit · 2018
- Gray v. McDonaldSupreme Court of Missouri · 1891
- Wamsganz v. WolffMissouri Court of Appeals · 1900
- Toncrey v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
3 more not listed; retrieve them via the Exa API.