Diariotti v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. H. L. McGune, Judge. (1) The court erred in setting aside the verdict and judgment in this case in favor of the defendant and granting the plaintiff a new trial. • The statute of Kansas, not vesting the cause of action absolutely in the widow, but the right to sue passing to the administrator or personal representatives of the deceased, the widow could not maintain the action, as the probate court, alone, would have jurisdiction to…
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Appeal from Jackson Circuit Court. — Hon. H. L. McGune, Judge. (1) The court erred in setting aside the verdict and judgment in this case in favor of the defendant and granting the plaintiff a new trial. • The statute of Kansas, not vesting the cause of action absolutely in the widow, but the right to sue passing to the administrator or personal representatives of the deceased, the widow could not maintain the action, as the probate court, alone, would have jurisdiction to determine her property right and its jurisdiction in this regard was both original and exclusive. (2) The plaintiff’s own…
1Opinion of the Court
BROWN, C.
The plaintiff is the widow of Peter K. Diariotti who was killed while engaged in the service of the defendant near Hope station in the State of Kansas, July 6, 1904. She commenced this suit in the circuit court for Jackson-county, Missouri, at Kansas City, September 19, 1905, to recover damages sustained by reason of his death.
In her amended petition the plaintiff alleged that her husband was one of a number of laborers in defendant’s employ working upon its track near the place where he was killed, and at the time of the accident was being carried by defendant on hand cars with…
Also in this document: Per curiam.
2Cases cited2 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. FajardoSupreme Court of Kansas · 1906
- Perry v. Saint Joseph & Western RailroadSupreme Court of Kansas · 1883
3Cited by7 opinions
- Talley v. BuchananSupreme Court of Missouri · 1945
- Glasgow v. City of St. JosephSupreme Court of Missouri · 1944
- State ex rel. Wurdeman v. ReynoldsSupreme Court of Missouri · 1918
- Lawson v. CunninghamSupreme Court of Missouri · 1918
- State v. GentrySupreme Court of Missouri · 1931
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