Russell v. Kansas City Railways Co.

The opinion of the court was delivered by

Burch, J.:

The action was one for damages resulting from death by wrongful act. A demurrer to the plaintiff’s petition was overruled, and the defendant appeals.

The deceased left neither widow nor children, and the action was prosecuted by an administrator appointed by a probate court of this state. The cause of action arose in the state of Missouri, and the compensatory statute of that state was pleaded, which permits recovery for death by wrongful act by an executor or administrator when the deceased left neither widow nor children.

The demurrer should…