Legal Opinion

Troll v. Laclede Gas Light Co.

Missouri Court of Appeals

Decided April 7, 1914PublishedCited by 22 opinions

Appeal from St. Louis City Circuit Court. — lion. Hugo Muench, Judge. It was not necessary, under our statute, for the plaintiff to allege or prove, in this case, that his decedent left surviving him any next of kin, who would be entitled to take the proceeds of the recovery under our laws of descent.

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Appeal from St. Louis City Circuit Court. — lion. Hugo Muench, Judge. It was not necessary, under our statute, for the plaintiff to allege or prove, in this case, that his decedent left surviving him any next of kin, who would be entitled to take the proceeds of the recovery under our laws of descent. Railroad v. Weber, 33 Kan. 543; Railroad v. Sweet, 45' 111. 197; Chicago v. Scholten, 75 111. 468; Lehman v. Brookly, 29 Barb. 234; Quinn v. Moore, 15 N. Y. 432; Ihl v. Railroad, 47 N. Y. 317; Gorham v. Railroad, 23 Hun 449; Railroad v. Freeman, 97 Ala. 289; Corliss v. Railroad, 63 N. H. 404;…

1Opinion of the CourtAllen, J.

This is an action under the statute to recover damages for the death of one John Doyle, alleged to have been occasioned by defendant’s negligence. Plaintiff sues as public administrator, in charge of the “estate” of said deceased, which it is to be inferred consisted solely of the claim here sued upon. The petition alleges that deceased, at the time of his death, “was an unmarried adult person without minor child or children natural born or adopted.” There is no allegation that there were in existence any next of kin, or person or persons who could take by descent the1 amount, if any, which…

2Cases cited17 opinions

  1. Chandler v. Chicago & Alton RailroadSupreme Court of Missouri · 1913
  2. Murphy v. Wabash RailroadSupreme Court of Missouri · 1910
  3. Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
  4. Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1911
  5. Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1913

12 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Cummins v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
  2. Sullivan v. CarlisleSupreme Court of Missouri · 1993
  3. Wente v. ShaverSupreme Court of Missouri · 1943
  4. Forehand v. HallSupreme Court of Missouri · 1962
  5. Caen v. FeldSupreme Court of Missouri · 1963

17 more not listed; retrieve them via the Exa API.

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