Gray v. McDonald
Supreme Court of Missouri
Appeal from Livingston Circuit, Court. — Hon. James M. Davis, Judge. (1) Under the statute authorizing this action only the person who committed the homicide is liable. It is the wrongful act producing death which creates the liability. R. S. 1889, sec. 4426; Proctor v. Railroad, 64 Mo. 112; Dulaney v. Railroad, 21 Mo.
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Appeal from Livingston Circuit, Court. — Hon. James M. Davis, Judge. (1) Under the statute authorizing this action only the person who committed the homicide is liable. It is the wrongful act producing death which creates the liability. R. S. 1889, sec. 4426; Proctor v. Railroad, 64 Mo. 112; Dulaney v. Railroad, 21 Mo. App. 597; Jackson v. Railroad, 87 Mo. 424. (2) The presence of defendant at the difficulty and his not interfering to prevent it, his striking Cray with his fist' after the shooting and the approval of the latter are not sufficient to create a liability. Gray v. McDonald, 28…
1Opinion of the CourtBlack, J.
— The plaintiff who is the widow of John Q. Gray brought this suit against William W. McDonald and William G. McDonald, to recover damages for killing her husband.
William W., having been acquitted in a criminal prosecution, the suit was dismissed as to him. On the second trial the plaintiff recovered a judgment for $1,500 which was reversed by the Kansas City court of appeals. 28 Mo. App. 477. The third trial resulted in a judgment for plaintiff for $4,000, from which this appeal is prosecuted.
The amended jjetition upon which the cause was tried states in substance that William W. McDonald…
2Cases cited12 opinions
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Morgan v. DurfeeSupreme Court of Missouri · 1879
- Proctor v. Hann. & St. Joe. R. R.Supreme Court of Missouri · 1876
- White v. MaxcySupreme Court of Missouri · 1877
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3Cited by40 opinions
- Cummins v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- In re Air Crash Disaster Near Chicago, Illinois on May 25, 1979Court of Appeals for the Seventh Circuit · 1981
- Hogsett v. HannaNew Mexico Supreme Court · 1936
- Lampert v. Judge & Dolph Drug Co.Supreme Court of Missouri · 1911
35 more not listed; retrieve them via the Exa API.