Shupe v. Martin

• Decision Date: 31 December 1928
• Docket Number: No. 27160.,27160.
• Parties: SHUPE v. MARTIN.
• Court: Missouri Supreme Court

12 S.W.2d 450

SHUPE v. MARTIN.

No. 27160.

Supreme Court of Missouri, Division No. 1.

December 31, 1928.

Appeal from St. Louis Circuit Court; John W. Calhoun, Judge.

Suit by Mary L. Shupe against Joseph E. Martin, administrator of John P. Martin, deceased. From an adverse judgment, plaintiff appeals. Affirmed.

Christian F. Schneider, of St. Louis, for appellant.

James P. Maginn, of St. Louis, for respondent.

GANTT, J.

Suit for damages. The amended petition is as follows:

"Plaintiff, for her amended petition herein, leave of court to file same having been first duly had and obtained, and for her cause of action against the defendant herein states:

"That defendant, Joseph E. Martin, is the administrator of the estate of John P. Martin, deceased, also known as `Jack Martin' hereinafter mentioned and referred to, and in charge of said estate of said John P. Martin, deceased, who came to his death and committed suicide at the home of plaintiff in the City of St. Louis, Missouri, on or about February 6, 1924, by hanging himself by means of a rope from the water pipes in the basement of the home of plaintiff and her family at No. 5082 Cabanne avenue, St. Louis, Missouri, on and during the night of February 6, 1924.

"Plaintiff further states that said John P. Martin on or about the ____ day of December, A. D. 1923, engaged and bargained with the plaintiff herein for room, board and lodging at her said home, and by such contract and agreement for room, board and lodging agreed and bound himself, and by reason of such relationship he was obliged and bound himself to conduct himself in and about said premises in a reasonably and orderly manner and so as not to interfere with the well-being, peace and quiet of plaintiff and her family and so as not to injure the health of plaintiff and her family; that the said John P. Martin did conduct himself in and about said premises in a reasonable and orderly manner from said date until on or about the said 6th day of February A. D. 1924, but during the night of February 6, 1924, said John P. Martin, without notice or warning to anyone, and without plaintiff having knowledge thereof, went into the basement or cellar at plaintiff's said home and where he had no lawful right to be and became a trespasser, and hung and strangled himself by means of a rope from the water pipe in said cellar or basement, and when plaintiff descended and went into said cellar or basement of her said home early next morning, and while it was still dark there, she suddenly ran against the body of said John P. Martin then and there hanging, stiff and dead, and thereby the plaintiff suffered a severe nervous shock. That by reason thereof plaintiff's health became and ever since has been deranged and impaired and has caused her to become ill and sick and her peace and quiet permanently disturbed; that in trying to cure said illness and nervous condition she has been compelled to expend large sums of money, having heretofore employed three different doctors or physicians to attend and wait on her by reason of such injuries and illness, in attempting to cure the same; that she required nursing and care and was unable to perform her household duties ever since; that her said illness is permanent; that by reason of the premises she will continue to suffer loss of earning and be compelled to expend large sums of money for medicines and medical attention; that she has suffered and will continue to suffer great pain of mind and body, all to her damage in the sum of Ten Thousand Dollars ($10,000), for which said sum she prays compensatory damages against the estate of said John P. Martin.

"Plaintiff further states that said act of said John P. Martin in committing suicide as aforesaid was voluntary and intentional on the part of said John P. Martin; that he knew or by the exercise of ordinary care would have known that by such act he would disturb and disrupt the peace and quiet of the home of plaintiff and would or might injure her health as hereinabove stated; that he had attempted to commit suicide before he came to the home of plaintiff and her family but concealed that fact from the plaintiff at the time he engaged said room, board and lodging, and plaintiff had no notice or knowledge thereof; that the said John P. Martin at the time of his death was possessed of a large estate worth more than $50,000, in personal and real...