McGinnis v. Missouri Car & Foundry Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Ho». Walter B. Douglas, Judge. The court erred in overruling defendant’s demurrer to plaintiff’s original petition.
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Appeal from St. Louis City Circuit Court. — Ho». Walter B. Douglas, Judge. The court erred in overruling defendant’s demurrer to plaintiff’s original petition. Said petition showed upon its face that plaintiff had no right to maintain said action, no legal capacity to bring or maintain said action, no legal capacity to bring or maintain said suit, and that said petition stated no- cause of action in favor of plaintiff, (a) Under the statute of Illinois, where the accident in question is alleged to have occurred, the suit had to be brought by the personal representatives of the deceased, (b)…
1Opinion of the CourtMarshall, J.
This is an action for damages for personal injuries to Daniel Callahan, on December 27, 1898, at the town of Madison, Illinois, which resulted in his immediate death. The deceased was an employee of the defendant. The negligence charged is that the defendant allowed the electric wires, by which its building at Madison, Illinois, was lighted, to come in contact with the shift wires that the deceased had to catch hold of in the course of his duties, which gave the deceased an electric shock that caused his death. The answer is a general denial, and a special plea that Mc-Ginnis has no right to…
2Cases cited9 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- McCarthy v. Chicago, Rock Island & Pacific RailroadSupreme Court of Kansas · 1877
- Richardson v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
- Brock v. MilliganOhio Supreme Court · 1840
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Southern Pacific Co. v. CrenshawCourt of Appeals of Georgia · 1909
- Jones v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
- Rositzky v. RositzkySupreme Court of Missouri · 1932
- Johnson v. Riverland Levee Dist.Court of Appeals for the Eighth Circuit · 1941
19 more not listed; retrieve them via the Exa API.