Barth v. Kansas City Elevated Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. E. L. Soarritt, Judge. (1) The petition by the widow is fatally defective in showing that the death occurred more than six months prior to its filing, and in failing to show that there were no minor children or that she had sued within six months. Barker v. Railroad, 91 Mo. 86. (2) Plaintiff, upon the facts, should not recover.
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Appeal from Jackson Circuit Court. — Hon. E. L. Soarritt, Judge. (1) The petition by the widow is fatally defective in showing that the death occurred more than six months prior to its filing, and in failing to show that there were no minor children or that she had sued within six months. Barker v. Railroad, 91 Mo. 86. (2) Plaintiff, upon the facts, should not recover. Solomon v. Railroad, 104 N. Y. 437; Evcms v. Interstate Rapid Transit Co., 106 Mo. 594; Carroll v. Same, 107 Mo. 653. The proof, if tortured into making a case for the jury, was in support of the second count of the petition…
1Opinion of the CourtGantt, P. J.
This action- is by the widow of Bartholomew Barth for damages resulting to Jaer from his death, occasioned, as she alleges, by the negligence of the defendant, at its elevated station at Ninth and Mulberry streets in Kansas City, Missouri.
Plaintiff’s husband was killed February 25, 1894, and this action was commenced March 22, 1894. The record shows that at the April term, 1894, defendant appeared and moved to dismiss the suit, which motion was overruled. On May 5, 1894, defendant demurred, but on June 16, 1894, withdrew its demurrer, and on the same day plaintiff filed an amended petition…
2Cases cited30 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Tilley v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1862
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
25 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Geismann v. Missouri-Edison Electric Co.Supreme Court of Missouri · 1903
- Jablonowski v. Modern Cap Manufacturing Co.Supreme Court of Missouri · 1925
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- James v. United States Casualty Co.Missouri Court of Appeals · 1905
- Robertson v. Wabash RailroadSupreme Court of Missouri · 1899
44 more not listed; retrieve them via the Exa API.