Voris v. Chicago, Milwaukee & St. Paul Railway Co.
Missouri Court of Appeals
Appeal from Livingston Circuit Court. — Son. Arch. B. Davis, Judge. (1) The law of Missouri does not authorize a foreign administrator to take charge of and administer the estate of a resident and thereby defeat claims and debts residents of Missouri may haye against the estate., Miller v. Hoover, 121 Mo. App. 574. (2) In Missouri damages recovered in a case of this sort are subject to the payment of intestate’s debts.
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Appeal from Livingston Circuit Court. — Son. Arch. B. Davis, Judge. (1) The law of Missouri does not authorize a foreign administrator to take charge of and administer the estate of a resident and thereby defeat claims and debts residents of Missouri may haye against the estate., Miller v. Hoover, 121 Mo. App. 574. (2) In Missouri damages recovered in a case of this sort are subject to the payment of intestate’s debts. In Iowa they constitute a trust fund for certain .beneficiaries. Tiffiny on Death by Wrongful Act, sec. 40. (3) Nor' could plaintiff have brought himself within the rule by…
1Opinion of the CourtEllison, P. J.
Plaintiff was appointed by the probate court of Linn county, Iowa, administrator of the estate of Harvey Jones, a resident of Missouri, but who was killed in Iowa by being run over by one of defendant’s engines. As such foreign appointed administrator he brought this action in this State for damages arising from the death of his intestate, and recovered judgment in the trial court.
Deceased was employed by defendant as a carpenter and at the time of his death was engaged in building a coal chute. His work was in the railway yards, about six hundred feet from cars in which he “bunked” and kept…
2Cases cited5 opinions
- Akeson v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1898
- Kelly v. Union Pacific Railway Co.Missouri Court of Appeals · 1910
- Slaats v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1910
- Williams v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1913
- Hughes v. Iowa Central Railway Co.Supreme Court of Iowa · 1905
3Cited by3 opinions
- Demattei v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1940
- American Car & Foundry Co. v. AndersonCourt of Appeals for the Eighth Circuit · 1914
- Wells v. DavisSupreme Court of Missouri · 1924