McIntosh v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. / (1) The defendant’s instruction in the nature of a demurrer to the evidence should have been given. Jackson v. Railroad, 14 S. W. Rep. 54; Railroad v. Qowen, 85 Tenn. .485; Railroad v. Hussen, 101 Penn.
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. / (1) The defendant’s instruction in the nature of a demurrer to the evidence should have been given. Jackson v. Railroad, 14 S. W. Rep. 54; Railroad v. Qowen, 85 Tenn. .485; Railroad v. Hussen, 101 Penn. St. 1; Scott v. Railroad, 14 Oregon, 211; Railroad v. Plunkett, 25 Kan. 188; Bay v. Railroad, 42' Mich. 523 ; Railroad v. Johnson, 102 Ind. 352; Lathrop v. Railroad, 150 Mass. —; Boyle v. Railroad, 23 N. E. Rep. 827. (2) The petition does not state a cause of action, in that it fails to allege that the deceased minor son of…
1Opinion of the CourtBarclay, J.
The plaintiffs are the parents of John .McIntosh and have brought this action as such under section 2121 (R. S. 1879), to recover damages for his death occasioned, as they allege, by the negligence of the defendant. It took place October 16, 1883. The petition herein was filed, April 12, 1884, within six months thereafter. Besides the facts of the negligence charged, it states his parentage and that he ‘ ‘ was a minor under the age of twenty-one years ” at the time he died ; but it does not state that he was unmarried.
At the opening of the trial, which resulted in a verdict for plaintiffs,…
2Cases cited1 opinion
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
3Cited by16 opinions
- Chandler v. Chicago & Alton RailroadSupreme Court of Missouri · 1913
- Mathieson v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Baird v. Citizens' Railway Co.Supreme Court of Missouri · 1898
- Crain v. Webster Electric CooperativeMissouri Court of Appeals · 1978
- Czezewzka v. Benton-Bellefontaine Railway Co.Supreme Court of Missouri · 1894
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