Hurlburt v. Bush
Supreme Court of Missouri
Appeal from Jackson Circuit • Court. — TLon. W. O. Thomas, Judge. (1) Statutory causes of action for death, under Kansas laws are enforced in Missouri only on grounds of comity. Newlin v. Railroad, 222 Mo. 391; Tost v. Railroad, 245 Mo. 2:34; Woodard v. Bush, 282 Mo. 163. (2) Plaintiff’s only remedy for the death of Hurlburt under the Kansas law is the Kansas Compensation Act of 1911 as amended in 1913. Frere v. M. K. & T. Ry.
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Appeal from Jackson Circuit • Court. — TLon. W. O. Thomas, Judge. (1) Statutory causes of action for death, under Kansas laws are enforced in Missouri only on grounds of comity. Newlin v. Railroad, 222 Mo. 391; Tost v. Railroad, 245 Mo. 2:34; Woodard v. Bush, 282 Mo. 163. (2) Plaintiff’s only remedy for the death of Hurlburt under the Kansas law is the Kansas Compensation Act of 1911 as amended in 1913. Frere v. M. K. & T. Ry. Co., 94 Kan. 57; Unrine v.' Salina Railroad Co., 104 Kan. 236; Benson v. Bush, 104 Kan. 198; C. R. I. & P, Ry. Co. v. Fuller, 105 Kan. 608; Shade v. Cement Co., 92 Kan.…
1Opinion of the CourtWalker, J.
This is an action for damages for the death of William W. Hurlburt, a locomotive engineer in defendant’s employ, on the night of August 11, 1916. Immediately before his death Hurlburt was backing his train over the tracks of the Kansas City Northwestern Railroad near Basehor, Kansas. In going around a curve the engine and tender were derailed and rolled down an embankment, resulting in Hurlburt’s death.
The deceased resided in Wyandotte County, Kansas, and his wife was appointed administratrix of his estate in the probate court of that county. As administratrix she brought this action in the…
2Cases cited5 opinions
- Chesapeake & Ohio Railway Co. v. KellySupreme Court of the United States · 1916
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Powell v. Union Pacific RailroadSupreme Court of Missouri · 1914
- Ruschenberg v. Southern Electric RailroadSupreme Court of Missouri · 1901
- Campbell v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1903
3Cited by3 opinions
- State Ex Inf. Barrett v. ImhoffSupreme Court of Missouri · 1922
- O'Malley v. Prudential Casualty & Surety Co.Missouri Court of Appeals · 1935
- Cox v. Missouri Pacific RailroadSupreme Court of Missouri · 1933