CHILDERS v. EAGLE PICHER LEAD CO.

Civil No. 68.

35 F.Supp. 702 (1940)

CHILDERS v. EAGLE PICHER LEAD CO.

District Court, W. D. Missouri, S. W. D.

November 6, 1940.


Attorney(s) appearing for the Case

Philip R. Wimbish of Tulsa, Okl., for plaintiff.

George E. Phelps, of McReyholds & Flanigan, of Carthage, Mo., for defendant.


REEVES, District Judge.

The motion to dismiss is based on two propositions: (a) That no cause of action is stated, and (b), that the plaintiff is without right to sue.

The suit is brought under Section 3263, R.S. Mo.1929, Mo.St.Ann. § 3263, p. 3371. This section with related sections of the Missouri statute confers a right of action for damages upon certain survivors of a decedent who had been negligently killed by another. The statute, however, is limited...

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