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MARTINEZ v. MISSOURI PACIFIC RAILROAD COMPANY

No. 45519.

296 S.W.2d 90 (1956)

Mrs. Lucia MARTINEZ and Douglas Martinez, Appellants, v. MISSOURI PACIFIC RAILROAD COMPANY, Respondent.

Supreme Court of Missouri, Division No. 2.

December 10, 1956.

Attorney(s) appearing for the Case

Eugene D. Brierre, New Orleans, La., Sam R. Gardner, Jo B. Gardner, Monett, for appellants.

D. B. Sommers, Marvin Boisseau, Jr., Harold L. Harvey, St. Louis, for respondent.

BARRETT, Commissioner.

Mr. Edward P. Martinez died on October 23, 1953, as a result of being struck by a train near Alexandria, Louisiana. On August 4, 1955, his widow, Mrs. Lucia Martinez, and adult son, Douglas Martinez, instituted this action in the Circuit Court of the City of St. Louis to recover $97,809.49 damages for his negligent death. The circuit court sustained a motion to make the petition more definite and certain, dismissed the action as to Douglas Martinez...

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