Cytron v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) The demurrer to the amended petition should have been sustained. The action is a statutory one for damages for tort to a person resulting in death, which were not recoverable at common law, and the statute gives both a right of action and provides the remedy for death where none existed at common law.
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Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) The demurrer to the amended petition should have been sustained. The action is a statutory one for damages for tort to a person resulting in death, which were not recoverable at common law, and the statute gives both a right of action and provides the remedy for death where none existed at common law. Brink v. Railroad, 160 Mo. 92. It is clear that the statute gives a joint remedy to the father and mother for the death of a deceased unmarried minor, and that they must join in the suit and each shall have an equal…
1Opinion of the CourtLamm, J.
From a judgment against it for •five thousand dollars damages for negligently causing the death of plaintiffs’ eight-year-old son, Morris, on August 27, 1901, the defendant appeals. The case was assigned to Division One. There the judgment was reversed; On a motion for rehearing two of the members of that division dissented. Thereupon it went to Banc.
The case made on the facts, as well as the paper case on issues going to the merits, will be reviewed presently. Putting them aside for the present, there is a question made on the pleadings calling for consideration and determination in limine.
I.…
2Cases cited19 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- State v. VaughanSupreme Court of Missouri · 1906
- Baxter v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Green v. DitschSupreme Court of Missouri · 1898
- United States Insurance v. LudwigIllinois Supreme Court · 1884
14 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Clark v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1909
- Knorp v. ThompsonSupreme Court of Missouri · 1943
- Nelms Ex Rel. Nelms v. BrightSupreme Court of Missouri · 1957
- Wentz v. Price Candy Co.Supreme Court of Missouri · 1943
- Frazee v. PartneySupreme Court of Missouri · 1958
44 more not listed; retrieve them via the Exa API.