Case v. Cordell Zinc & Lead Mining Co.
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Now. J. T. Neville, Judge. This suit having been brought by the wife of the deceased more than six months after his death, it was necessary for the plaintiff to prove that the deceased left no minor child or children surviving him. R. S. 1899, secs. 2864 and 2866; McIntosh v. Railway, 103 Mo. 133; Booker v. Railway, 91 Mo. 90.
1Opinion of the CourtBland, P. J.
— Plaintiff sued to recover damages on account of the death of her husband occasioned, as alleged, by the negligence of the defendant in furnishing deceased, while in its employ, with an unsafe and dangerous tamping bar to be used by deceased in tamping dynamite in drilling holes in defendant’s mine. Plaintiff’s husband was killed in defendant’s mine on October 2, 1900 by the premature explosion of a dynamite charge in a drill hole. The suit was commenced on April 24, 1901.
After all the evidence was heard plaintiff was forced to take a nonsuit by the ruling of the circuit court on the…
2Cases cited2 opinions
- McIntosh v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Sparks v. Kansas City, Springfield & Memphis RailroadMissouri Court of Appeals · 1888
3Cited by5 opinions
- Earnest v. St. Louis, Memphis & Southeastern Railway Co.Supreme Court of Arkansas · 1908
- Sheets v. Mississippi River & Bonne Terre RailwayMissouri Court of Appeals · 1911
- Roundtree v. Kansas City Portland Cement Co.Missouri Court of Appeals · 1911
- Wilson v. Missouri Pac. R.District Court, E.D. Arkansas · 1945
- Summers v. KellerMissouri Court of Appeals · 1911