Senn v. Southern Railway Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court.—Hon. Rudolph Hirzel, Judge. (1) The action abated entirely on the death of Mrs. Senn. The statute which gives the right to sue for the death of a person caused by the negligence of a carrier, fixes the “forfeit” at $5,000. R. S., sec. 4425. This statute creates a new cause of action penal in its character. The recovery must be $5,000 or nothing; and a judgment for a smaller amount will be arrested on motion of the defendant.
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Appeal from St. Louis County Circuit Court.—Hon. Rudolph Hirzel, Judge. (1) The action abated entirely on the death of Mrs. Senn. The statute which gives the right to sue for the death of a person caused by the negligence of a carrier, fixes the “forfeit” at $5,000. R. S., sec. 4425. This statute creates a new cause of action penal in its character. The recovery must be $5,000 or nothing; and a judgment for a smaller amount will be arrested on motion of the defendant. Bafferty v. Bail-road, 35 Mo. App. 559; McNamara v. Slavens, 76 Mo. 329; Buelv. Transfer Co., 45 Mo. 562; Gibbs v. Hannidal,…
1Opinion of the CourtMacfarlane, J.
A former appeal of this case is reported in 108 Mo., pages 142 to 153. The suit was commenced by Christian Senn and his wife to recover damages on account of the death of their minor son, occasioned, as alleged, by the negligence of defendant in the management of one of its street cars in the city of St. Louis. Pending the former appeal the mother of the deceased child died. After the cause had been *624remanded to the circuit court, plaintiff, as the surviving parent of deceased, filed an amended petition in which he claimed the entire damage given by the statute in such case. To this, defendant…
2Cases cited10 opinions
- Lynch v. MurphySupreme Court of Missouri · 1893
- Reilly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- Packard v. ArellanesCalifornia Supreme Court · 1861
- State v. MathewsSupreme Court of Missouri · 1869
- Woodruff v. BaldwinSupreme Court of Kansas · 1880
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3Cited by6 opinions
- Chawkley v. Wabash Railway Co.Supreme Court of Missouri · 1927
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Herrell v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1929
- Vinnette v. Northern Pacific Railway Co.Washington Supreme Court · 1907
- Childress v. Southwest Missouri RailroadMissouri Court of Appeals · 1910
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