Strode v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. — -How. E. M. Hughes, Judge. The following authorities hold that a release given hy the injured party bars an action for damages arising out of the death, whether brought by the personal representative or for the surviving husband or wife, or for the benefit of next of kin: Rice v. Railroad, 33 S. C. 556; Hecht v. Railroad, 132 Ind. 507; Diddle v. Railroad, 25 Barb. 183; Littlewood v. N. Y., 89 N. Y. 24; Re Taylor Estate, 179 Pa. 254;…
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Appeal from St. Charles Circuit Court. — -How. E. M. Hughes, Judge. The following authorities hold that a release given hy the injured party bars an action for damages arising out of the death, whether brought by the personal representative or for the surviving husband or wife, or for the benefit of next of kin: Rice v. Railroad, 33 S. C. 556; Hecht v. Railroad, 132 Ind. 507; Diddle v. Railroad, 25 Barb. 183; Littlewood v. N. Y., 89 N. Y. 24; Re Taylor Estate, 179 Pa. 254; Walkerton v. Erdman, 23 Can. S. C. 352; Fowlkes v. Railroad, 9 Heisk. (Tenn.) 829; Holton v. Daly, 106 111. 131; Hill v.…
1Opinion of the CourtGraves, J.
The facts of this controversy are so fairly stated by Valliant, J., in the opinion filed in Division One, 87 S. W. 976, that we adopt the same, which is as follows:
“Plaintiffs are the minor children of John D. Dill deceased suing by their curator to recover damages for the death of their father which they allege was caused by the negligence of defendant.
- ‘ ‘ The petition alleges negligence as at common law and also a violation of the vigilant watch ordinance.
“The answer was a general denial, contributory negligence on the part of the deceased, and a release by the deceased.
“The plaintiff’s…
2Cases cited15 opinions
- Holton v. DalyIllinois Supreme Court · 1882
- Munro v. Pacific Coast Dredging & Reclamation Co.California Supreme Court · 1890
- Fetter v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
- Needham v. Grand Trunk Railway Co.Supreme Court of Vermont · 1865
10 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Cummins v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Mooney v. City of ChicagoIllinois Supreme Court · 1909
- Mellon v. GoodyearSupreme Court of the United States · 1928
- Larrissey v. Norwalk Truck Lines, Inc.Ohio Supreme Court · 1951
- MacDonald v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
29 more not listed; retrieve them via the Exa API.