Prentzler Ex Rel. Frazee v. Schneider

HENLEY, Judge.

This is an action for damages for wrongful death of plaintiff’s husband as a result of a collision .of two motor vehicles. Judgment was for plaintiff for $15,000 and defendant appealed to the Kansas City Court of Appeals. That court reversed and remanded for error in permitting plaintiff to testify to facts of the collision, because she was incompetent as a witness by reason of § 491.010, RSMo 1959, V.A.M.S. (commonly referred to as the Dead Man’s Statute), the other party to the action being dead. On application of both plaintiff-respondent and defendant-appellant, we ordered…