Legal Opinion

Ginnocchio v. Illinois Central Railroad

Supreme Court of Missouri

Decided March 30, 1915PublishedCited by 3 opinions

Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. (1) This case proceeds under the wrongful death statute of Illinois, and the reciprocal duties of defendant and the deceased touching the right of recovery is to be considered and determined under the adjudicated law of the State of Illinois — when it is made to appear in the case what the adjudicated law of the foreign State is. Ginnocchio v. Railroad, 155 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. (1) This case proceeds under the wrongful death statute of Illinois, and the reciprocal duties of defendant and the deceased touching the right of recovery is to be considered and determined under the adjudicated law of the State of Illinois — when it is made to appear in the case what the adjudicated law of the foreign State is. Ginnocchio v. Railroad, 155 Mo. App. 163; Fogarty v. Transfer Co., 180 Mo. 502. (2) In circumstances similar to those pleaded in this case, the adjudicated law of Illinois holds that the questions…

1Opinion of the CourtFaris, P. J.

Action by plaintiff in his representative capacity as administrator, for the death of his decedent. The history of the case runs thus: Plaintiff, as the administrator of Francisco Paolo Finazzo, sued defendant for the alleged negligent killing of decedent and had judgment in the circuit court of the city of St. Louis. Defendant appealed to the St. Louis Court of Appeals, wherein the judgment of the circuit court was reversed outright. [Ginnocchio, Admr., v. Illinois Central Railroad Co., 155 Mo. App. 163.] Thereafter plaintiff brought this action, which is the second suit for the identical…

2Cases cited5 opinions

  1. Lilly v. TobbeinSupreme Court of Missouri · 1890
  2. Bowen v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
  3. Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910
  4. Ginnochio v. Illinois Central RailroadMissouri Court of Appeals · 1911
  5. Abbott v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1911

3Cited by3 opinions

  1. Hunter Land & Development Co. v. Caruthersville Stave & Heading Co.Missouri Court of Appeals · 1928
  2. Hein v. Terminal Railroad Assn. of St. LouisSupreme Court of Missouri · 1949
  3. Smith v. FrancisMissouri Court of Appeals · 1924

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