Yonge v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. STATEMENT. A car belonging to the St. Louis Transit Company ran over and killed Prank Hagan, at that time, the husband of Annie Hagan. The accident occurred March 1, 1902, on Pine street in the city of St. Louis.
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Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. STATEMENT. A car belonging to the St. Louis Transit Company ran over and killed Prank Hagan, at that time, the husband of Annie Hagan. The accident occurred March 1, 1902, on Pine street in the city of St. Louis. The widow entered into a written contract with plaintiff Tonge, June 10, 1902, by which she employed him to prosecute her claim for damages for the death of her husband against the United Railways Company and the St. Louis Transit Company. The contract contains, among other clauses, these: “Now, therefore, in…
1Opinion of the CourtGoode, J.
(after stating the facts). — The learned circuit judge found against the plaintiff’s case on the ground, that, so far as appeared, Mrs. Hagan was solvent and could compensate him for whatever services he had rendered.. The statute we have quoted makes no exception to the right of an attorney to enjoy and enforce a lien in a case like this, on the ground of the solvency of his client. The action instituted by Yonge in Mrs. Hagan’s name and pursuant to his contract with her, was one ex delicto for damages for the death of her husband. The statute says that in such an action, as well as one ex…
2Cases cited3 opinions
- Globe-Wernicke Co. v. BrownU.S. Circuit Court for the District of Western Pennsylvania · 1903
- Marsh v. South Carolina RailroadSupreme Court of Georgia · 1876
- Smelker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
3Cited by18 opinions
- Wait v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1907
- Curtis v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Mills v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1920
- O'Connor v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Taylor v. St. Louis Transit Co.Supreme Court of Missouri · 1906
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