Chandler v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from Franklin Circuit Court. — Hon. B. B. Byors, Judge. (1) In order for the widow to maintain an action under the statute (now Sec. 5425, R. S. 1909), of the .suit is instituted more than six months after the death ■sued for, it must be alleged and proven that the deceased left no minor children.
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Appeal from Franklin Circuit Court. — Hon. B. B. Byors, Judge. (1) In order for the widow to maintain an action under the statute (now Sec. 5425, R. S. 1909), of the .suit is instituted more than six months after the death ■sued for, it must be alleged and proven that the deceased left no minor children. Barker v. Railroad, 91 Mo. 86; McIntosh v. Railroad, 103 Mo. 131; Mathieson v. Railroad, 219 Mo. 548. (2) The peremptory instructions asked by defendants at the end.of the evidence ¡should have been sustained. The verdict of the jury ■was necessarily founded upon conjecture rather than ■.upon…
1Opinion of the CourtLamm, J.
Plaintiff, widow of Albert Chandler, sued defendant railroad and Plolliday (a locomotive •engineer in its employ) in the Audrain Circuit Court on April 1, 1908, for the alleged negligent death of her husband on June 24, 1907, occasioned whilst operating a train of cars. The venue being changed to the Franklin Circuit Court, on a trial a jury gave her a verdict of $5000 against both defendants. From a judgment on that verdict, they, on apt steps and in ■due time, appealed here.
*598Jurisdiction: constitutional Question. *597I. There is well lodged in the record a constitutional question, to.-wit,…
2Cases cited31 opinions
- Burge v. Wabash RailroadSupreme Court of Missouri · 1912
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Jones v. WilliamsSupreme Court of Missouri · 1897
- Gabbert v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
- Flesh v. LindsaySupreme Court of Missouri · 1893
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3Cited by69 opinions
- Fowler v. Park Corp.Supreme Court of Missouri · 1984
- Cummins v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Sanders v. AhmedSupreme Court of Missouri · 2012
- Call v. HeardSupreme Court of Missouri · 1996
- Nelms Ex Rel. Nelms v. BrightSupreme Court of Missouri · 1957
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