Wyler v. Ratican
Missouri Court of Appeals
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
- Thomasson v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1909
- Spillane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Thomasson v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
- Munchow v. MunchowMissouri Court of Appeals · 1902
- Ware v. JohnsonSupreme Court of Missouri · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State Ex Rel. American Packing Co. v. ReynoldsSupreme Court of Missouri · 1921
- Kitchen v. Schlueter Manufacturing Co.Supreme Court of Missouri · 1929
- Greer v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
- Bongner v. ZiegenheinMissouri Court of Appeals · 1912
- Quinley v. Springfield Traction Co.Missouri Court of Appeals · 1914
9 more not listed; retrieve them via the Exa API.