Bellamy v. Whitsell
Missouri Court of Appeals
Appeal from Barton Circuit Court. — Eon. E. G. Timmonds, Judge. (1) This action is for loss of services, and. therefore it is necessary that there should he an averment that the boy was the servant of the parents and that they were deprived of his services. We respectfully insist that the petition is absolutely barren of any allegation from which these essentials may even be inferred. Scamell v. Transit Co., 103 Mo. App. 511; Dunn v. Railroad, 21 Mo.
Read the full summary
Appeal from Barton Circuit Court. — Eon. E. G. Timmonds, Judge. (1) This action is for loss of services, and. therefore it is necessary that there should he an averment that the boy was the servant of the parents and that they were deprived of his services. We respectfully insist that the petition is absolutely barren of any allegation from which these essentials may even be inferred. Scamell v. Transit Co., 103 Mo. App. 511; Dunn v. Railroad, 21 Mo. App. 203. (2) Again, the petition is fatally defective in not alleging that the master knew, or by the exercise of ordinary care might have…
1Opinion of the CourtJohnson, J.
This is a statutory action by the plaintiffs as the father and mother of Leo Bellamy, their minor son, for damages for his death, alleged to have *613been tbe result of negligence of defendant. Tbe judgment was for the plaintiffs and defendant appealed.
As it is contended earnestly that tbe petition does not state a cause of action, we incorporate enough in tbe opinion for a proper understanding of tbe question. After alleging tbe employment by defendant of said Leo, their minor son, aged thirteen years, as a farm band, tbe petition alleges: “That while in tbe employ of said defendant as aforesaid…
2Cases cited16 opinions
- Proctor v. Hann. & St. Joe. R. R.Supreme Court of Missouri · 1876
- White v. MaxcySupreme Court of Missouri · 1877
- Crane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Hennessy v. Bavarian Brewing Co.Supreme Court of Missouri · 1898
- Johnson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
11 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Clippard v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Marshall v. Consolidated Jack Mines Co.Missouri Court of Appeals · 1908
- Toncrey v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
- Gray v. Hammond Lumber Co.Oregon Supreme Court · 1924