Legal Opinion · Dissent

Peoples v. Hamilton

Missouri Court of Appeals

Decided January 26, 1988No. WD 39395Published

1DissentClark, Judge

The majority opinion affirms the judgment by the trial court on the ground that no evidence was presented to show the existence of a family relationship between the decedent and the claimant and, in consequence, there was no burden on the claimant to prove any agreement for compensation in support of her claim. This conclusion overlooks and is in conflict with a line of Missouri cases denying compensation to claimants under fact situations virtually identical to the present case. On this account, I respectfully dissent from the majority opinion.

The facts applicable to the decisive issue in…

2Cases cited6 opinions

  1. Morone v. MoroneNew York Court of Appeals · 1980
  2. Wells v. GoffSupreme Court of Missouri · 1951
  3. McDaniel v. McDanielSupreme Court of Missouri · 1957
  4. Brunnert v. BoeckmannMissouri Court of Appeals · 1924
  5. Renyer v. EricksonMissouri Court of Appeals · 1986

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