Rochester v. Wells, Fargo & Co.

Citations

• 87 Kan. 164
• 123 P. 729
• 1912 Kan. LEXIS 114

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Wrongful Death in Missouri — Compensatory Damages Recoverable in Kansas. Our statute (Civ. Code, §419) permits the recovery of compensatory damages only for death by wrongful act. Certain sections of the Missouri statute permit such recovery — also punitive damages, but only when wanton negligence is alleged and shown. A Missouri plaintiff brought an action in Kansas, based on these sections of the Missouri statute, to recover compensatory damages only. Held, that ■ such action can be maintained.</p> <p>'2. Pleadings — Compensatory Damages — Punitive Damages. The plaintiff by his pleading having waived any claim for exemplary damages, his action is substantially the same as one under our statute, and its maintenance here is not opposed to-our laws or public policy or to good morals or the interests of our citizens, and upon the principles of comity should be permitted.</p> <p>3. - Same. Section 4Y of the civil code merely prescribes the persons who may sue, and does not enlarge the cause of action itself.</p> <p>4. - Same. While the prayer is no part of the petition and does not limit or measure the right of recovery, still it may be considered in determining the relief actually sought fey the pleader.</p> <p>5. - Same. When by his pleading a plaintiff indicates his intention to recover compensatory damages only, the court will not regard his action as one for punitive damages also.</p>