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Code Pleading as Interpreted by the Courts of Missouri

Code Pleading as Interpreted by the Courts of Missouri


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ... 523. Where the action is brought by an infant child of the deceased, the petition must show that plaintiff is an infant, and that he sues by a next friend or guardian.154 An action for death was brought in the name of the guardian of the minor children of the deceased. Their names were set out in the caption of the petition, but all the allegations of the petition were in the singular number, and the petition concluded with the statement that "he is damaged and asks judgment, etc." But the petition re 149. Mcquade v. St. Louis & Suburban R. Co., 200 Mo. 150, 98 S. W. 552. 150. Packard v. Hannibal & St. J. R. Co., 181 Mo. 421, 80 S. W. 951, 103 Am. St. Rep. 607. 151. Sheets v. Mississippi River & B. T. Ry. Co., 152 App. 376, 133 S. W. 124. 152. Aley v. Mo. Pac. Ry. Co., 211 Mo. 460, 111 S. W. 102. 153. Strode v. St. Louis Transit Co., 197 Mo. 616, 95 S. W. 851. 154. Higgins v. Hannibal &.-St. J. R. Co., 36 Mo. 418. ferred to the damage act, under the provisions of which, and the circumstances detailed in the petition, the minors alone, by their guardian or next friend, could recover. It was held that, while the petition was inartificial, yet it did not utterly fail to state a cause of action, and there was at least sufficient in it to support an amendment.1" In an action for the death of a laborer riding on the top of a box car, an allegation of negligence in maintaining a wire across the track at such a height as to strike persons standing on a box car, does not state a cause of action for negligence in the management and operation of locomotives, car or train of cars, under section 2864. Such a cause of action comes under sections 2865 and 2866.1" Under section 5425, allowing a recovery in...


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Product Details
  • ISBN-13: 9781151979551
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 374
  • Spine Width: 20 mm
  • Width: 189 mm
  • ISBN-10: 1151979554
  • Publisher Date: 01 Apr 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 667 gr


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