Legal Opinion

Wyler v. Ratican

Missouri Court of Appeals

Decided October 1, 1910PublishedCited by 14 opinions

Appeal from St. Louis City Circuit Court. — Hon. Virgil Rule, Judge. (1) Tlie petition does not state facts sufficient to constitute a cause of action, and the demurrer thereto should have been sustained, for any or all of the following reasons: (a) It-does not properly allege that the accident, resulting in the death of plaintiff’s mother, was caused by the negligence and carelessness of defendant’s agents. Breen v. St. Louis Oo-op. Co., 50 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. Virgil Rule, Judge. (1) Tlie petition does not state facts sufficient to constitute a cause of action, and the demurrer thereto should have been sustained, for any or all of the following reasons: (a) It-does not properly allege that the accident, resulting in the death of plaintiff’s mother, was caused by the negligence and carelessness of defendant’s agents. Breen v. St. Louis Oo-op. Co., 50 Mo. App. 414; Norville v. Railroad, 60 Mo. App. 414; Weller v. Railroad, 120 Mo. 635. (b) It appears from the allegations of the petition, even admitting…

1Opinion of the Court

NORTONI, -J.

This is a suit under the statute for damages alleged to have accrued to plaintiff, a minor child, on account of the wrongful death of her *478mother. Plaintiff recovered and defendant prosecutes the appeal.

Plaintiff’s mother, with a companion, was in Morgan street at the crossing of Twenty-third street, both of which are public thoroughfares in St. Louis/ awaiting the approach of a street car, when she was run upon and killed by' defendant’s wagon and team in charge of his servant;

After necessary formal matters, the petition avers, substantially, that plaintiff’s mother was in such…

2Cases cited9 opinions

  1. Thomasson v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1909
  2. Spillane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
  3. Thomasson v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
  4. Munchow v. MunchowMissouri Court of Appeals · 1902
  5. Ware v. JohnsonSupreme Court of Missouri · 1874

4 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. State Ex Rel. American Packing Co. v. ReynoldsSupreme Court of Missouri · 1921
  2. Kitchen v. Schlueter Manufacturing Co.Supreme Court of Missouri · 1929
  3. Greer v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
  4. Bongner v. ZiegenheinMissouri Court of Appeals · 1912
  5. Quinley v. Springfield Traction Co.Missouri Court of Appeals · 1914

9 more not listed; retrieve them via the Exa API.

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