Leavea v. Southern Railway Co.

RAILEY, C.

Plaintiff brought suit in the circuit court of the city of St. Louis, Missouri, to recover damages on account of injuries, claimed to have been inflicted upon him, in the form of an assault, by an alleged agent of defendant, while acting within the scope of his employment. Since said assault, and before the trial in the circuit court, the alleged agent, Teague, departed this life.

of witness7 Notwithstanding the prior death of Teague, who is charged with having made the assault and thus created the cause of action, plaintiff was Permitted, over the objection and exception of…