Lee v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon. Edw. P. Gates, Judge. (1) The court should have sustained defendant’s objection to the introduction of any evidence under plaintiffs’ petition. It was .nowhere alleged in said petition that the deceased, if death had not ensued, could have maintained an action under the laws of the State of Kansas, where the accident occurred, for the acts and omissions complained of. 8 Am. and Eng. Ency.
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Appeal from Jackson Circuit Court. — Eon. Edw. P. Gates, Judge. (1) The court should have sustained defendant’s objection to the introduction of any evidence under plaintiffs’ petition. It was .nowhere alleged in said petition that the deceased, if death had not ensued, could have maintained an action under the laws of the State of Kansas, where the accident occurred, for the acts and omissions complained of. 8 Am. and Eng. Ency. Law (2 Ed. ), 881; Debevoise v. Eailroad, 99 N. Y. 377; Hamilton v. Eailroad, 39 Kan. 56. (2) Plaintiffs have no legal capacity to maintain this suit. At common law…
1Opinion of the CourtValliant, J.
— Plaintiff Susan A. Lee is the widow, and the other plaintiffs are the minor children, of Harvey A. Lee, deceased, who met his death in defendant’s yards at Atchison, Kansas, where he was in the service of defendant as a switchman. At the time of the accident deceased was one of a crew engaged in switching cars. He was walking or running between cars in a moving train in the act of drawing the coupling pin; his foot was caught and fastened in an unblocked space between a guard rail and a track rail, he was thrown down and run over and killed.
The suit is founded on a statute of Kansas which…
2Cases cited11 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Flato v. MulhallSupreme Court of Missouri · 1880
- Rush v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1887
- Jones v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Charlton v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1906
- Rositzky v. RositzkySupreme Court of Missouri · 1932
- Newlin v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Great Western Coal & Coke Co. v. CoffmanSupreme Court of Oklahoma · 1914
- Ft. Smith W. R. Co. v. MooreSupreme Court of Oklahoma · 1917
24 more not listed; retrieve them via the Exa API.