Gilkeson v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. N. M. Bradley, Judge. The principal question involved in this case is whether or not an administrator, in the first instance and before judgment, can maintain an action, in a death case for $5,000, under section 2864, as said section stood on October 10, 1904, the day of the Ragels ’ death. (1) A personal right of action dies with the person. Broom’s Legal Maxims (4 London Ed.), p. 667; Mobile Life Ins.
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Appeal from Johnson Circuit Court. — Hon. N. M. Bradley, Judge. The principal question involved in this case is whether or not an administrator, in the first instance and before judgment, can maintain an action, in a death case for $5,000, under section 2864, as said section stood on October 10, 1904, the day of the Ragels ’ death. (1) A personal right of action dies with the person. Broom’s Legal Maxims (4 London Ed.), p. 667; Mobile Life Ins. Co. v. Brame, 95 U. S. 754; McNamara v. Slavens, 76 Mo. 330; Town of Carrollton v. Rhomberg, 78 Mo. 549'; Gibbs v. Hannibal, 82 Mo. 143; Yawter v.…
1Opinion of the CourtWoodson, J.
This suit was brought in the circuit court of Johnson county, by the administrator of the estate of Joseph A. and Clifford Ragel, deceased, against the defendant, to recover the sum of $10,000 for each, for the wrongful killing of their father and mother, Philip and Rose E. Ragel, on October 10, 1904, by a negligent head-end collision of two of its passenger trains, near Warrensburg, Missouri.
The petition was in three counts, and in the court below the plaintiff dismissed the case as to each count as administrator of the estate of Joseph A. Ragel; and elected to proceed upon the first and…
2Cases cited29 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Insurance Co. v. BrameSupreme Court of the United States · 1878
- Hegerich v. . KeddieNew York Court of Appeals · 1885
- Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
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3Cited by39 opinions
- Van Beeck v. Sabine Towing Co.Supreme Court of the United States · 1937
- Cummins v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Burge v. Wabash RailroadSupreme Court of Missouri · 1912
- State Ex Rel. Smith v. GreeneSupreme Court of Missouri · 1973
- State Ex Rel. National Refining Co. v. SeehornSupreme Court of Missouri · 1939
34 more not listed; retrieve them via the Exa API.