Martinez v. MISSOURI PACIFIC RAILROAD COMPANY

BARRETT, Commissioner.

Mr. Edward P. Martinez died on October 23, 1953, as a result of being struck by a train near Alexandria, Louisiana. On August 4, 1955, his widow, Mrs. Lucia Martinez, and adult son, Douglas Martinez, instituted this action in the Circuit Court of the City of St. Louis to recover $97,809.49 damages for his negligent death. The circuit court sustained a motion to make the petition more definite and certain, dismissed the action as to Douglas Martinez because he was not entitled to maintain the action and, finally, dismissed the action as to Mrs. Martinez for the reason…