Casey v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — No». Moses , N. Bale, Judge. The court erred in overruling defendant’s objections to the introduction of any evidence, because the petition does not disclose any cause of action under either section of the damage act. It cannot be founded on section 2864, because it does not sue for the penalty therein provided.
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Appeal from St. Louis City Circuit Court. — No». Moses , N. Bale, Judge. The court erred in overruling defendant’s objections to the introduction of any evidence, because the petition does not disclose any cause of action under either section of the damage act. It cannot be founded on section 2864, because it does not sue for the penalty therein provided. It cannot be good at common law, because no action lies at common law for an injury resulting in death. 1 Joyce on Damages, sec. 486. It is undoubtedly the rule that in penal actions’the precise penalty fixed by the statute must be sued for.…
1Opinion of the CourtNortoni, J.
(after stating the facts). — Under the common law, in pursuance of the maxin actio personalis moritur cum persona, no right existed in favor of the heirs, distributees or personal representatives of a deceased person for damages for his wrongful death. The right of action which the injured person had, abated with his death and did not survive and no right of action existed in favor of those surviving him because the civil right was merged in the criminal act. [Amer. and Eng. Ency. Law (2 Ed.), 855; Cooley on Torts (2 Ed.), 307; 1 Joyce on Damages, sec. 486; Seward v. Vera Cruz, L. R. 10 App.…
2Cases cited70 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Wisconsin v. Pelican InsuranceSupreme Court of the United States · 1888
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
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3Cited by39 opinions
- Cummins v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Grier v. Kansas City, Clay County & St. Joseph Railway Co.Supreme Court of Missouri · 1921
- Casey v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- State v. CowenSupreme Court of Iowa · 1942
- Jones v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1913
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