Legal Opinion

Wilson v. Tootle

U.S. Circuit Court for the District of Western Missouri

Decided April 17, 1893PublishedCited by 8 opinions

At Law. Action by James F. Wilson, administrator of William' J. Kelly, deceased, against Milton Tootle, Jr., to recover damages for death, by wrongful act, On demurrer to the petition.

1Opinion of the Court

PHILIPS, District Judge,

(after stating the facts.) In the case of Vawter v. Railway Co., 84 Mo. 679, the supreme court of this *212state held that an administrator appointed under the laws of this state could not maintain an action in the state against a defendant railroad company for damages resulting from the death of the intestate, occurring in the state of Kansas, through the imputed wrongful act and negligence of the company, although a cause of action therefor was given by the statutes of that state to the administrator of the estate. This ruling was predicated mainly on the proposition…

2Cases cited8 opinions

  1. Dennick v. Railroad Co.Supreme Court of the United States · 1881
  2. Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
  3. Needham v. Grand Trunk Railway Co.Supreme Court of Vermont · 1865
  4. Doe, Lessee of Lewis & Wife v. Mfarland & OthersSupreme Court of the United States · 1815
  5. Oates v. Union Pacific Railway Co.Supreme Court of Missouri · 1891

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3Cited by8 opinions

  1. Knight v. Moline, East Moline & Watertown Railway Co.Supreme Court of Iowa · 1913
  2. Rose v. Phillips Packing Co.District Court, D. Maryland · 1937
  3. Diatel v. GleasonDistrict Court, S.D. New York · 1937
  4. Mutual Life Ins. Co. of New York v. Farmers' & Mechanics' Nat. Bank of CadizU.S. Circuit Court for the District of Southern Ohio · 1909
  5. Richter v. East St. Louis & S. Ry. Co.District Court, E.D. Missouri · 1927

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