3 Mo. App. 550 | Mo. Ct. App. | 1877
delivered the opinion of the court.
This is an action brought under the statute, by the plaintiff, as the widow of Calvin Shepard, to recover damages for his death, which is alleged to have been caused by
The evidence tended to show that, a short time before the passenger train on which the deceased was employed as a brakeman reached the station at DeLassus on defendant’s road, he, with other employees, was in the United States mail-car, washing himself in order to prepare for supper, which was to be taken at the station; that he stepped out of the mail-car to return to his post, and that in order to return he was forced to pass along a way provided on the outside of the car; that in passing thus he struck against the bridge and was knocked off and killed. He was found, immediately after, in the water under the bridge, with one side of his head crushed and his arm and neck broken. There were no doors at the ends of the car, but a railing:
The first point made is that, as the death took place on May 22, 1874, and as this suit was not brought until May 12, 1875, the six months given by the statute to the widow in which to bring suit, where there is a minor child, had elapsed, and so the suit is barred. The plaintiff in error contends that the suit is well brought, because the widow did not fail to sue within the six months next after the death; that she did sue, and, though she was nonsuited, her right of action exists during the twelvemonths. The • statute provides that “the sum of five thousand dollars * * * may be sued for and recovered: first, by the
It is contended on the part of the defendant in error that the evidence was insufficient in point of law to support a verdict; in other words, that there was, in legal contemplation, no evidence tending to prove the plaintiff’s case,
The judgment of the court below is reversed and the cause remanded.