Legal Opinion

Beechwood v. Joplin-Pittsburg Railway Co.

Missouri Court of Appeals

Decided July 28, 1913PublishedCited by 17 opinions

Appeal from Jasper County Circuit Court, Division No. . One.—Hon. Jos. D. Perkins, Judge. (1) A right of action for the recovery of damages for injury to the person of personal feelings of the bankrupt is a personal tort and does not vest in the trustee in bankruptcy of the injured person.

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Appeal from Jasper County Circuit Court, Division No. . One.—Hon. Jos. D. Perkins, Judge. (1) A right of action for the recovery of damages for injury to the person of personal feelings of the bankrupt is a personal tort and does not vest in the trustee in bankruptcy of the injured person. Such are actions for personal injuries sustained by the bankrupt prior to bankruptcy. 1 Loveland on Bankruptcy, p. 828; In re Haensell, 91 Fed. 355; Sebley v. Nason, 196 Mass. 125; Cleland v. Anderson, 66 Neb. 276; Noonan v. Orton, 34 Wis. 259; Rand v. Fleishman, 6 Weekly Notes, cas. 497; 6 Am. Dig. 269,…

1Opinion of the CourtSturgis, J.

—The plaintiff, C. E. Beechwood, instituted this suit on March 18, 1912, against the defendant to recover $5000, as damages for personal injuries alleged to have been sustained by him as a passenger on one of defendant’s cars at the time of a col*374lision occasioned by defendant’s negligence. On September 5, 1912, tbe plaintiff was adjudged a bankrupt, and, on October 10, 1912, I. 1ST. Tbrelkeld, trustee of the bankrupt 'estate of plaintiff, filed a motion in this-cause asking to be substituted as party plaintiff in place of said C. E. Beecbwood on tbe ground that under section 70a (subdivisions…

2Cases cited34 opinions

  1. Pickens v. RoySupreme Court of the United States · 1902
  2. North Chicago Street Railroad v. AckleyIllinois Supreme Court · 1897
  3. Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
  4. State ex rel. Gercke v. SeddonSupreme Court of Missouri · 1887
  5. State ex rel. Chicago, Burlington & Quincy Railroad v. BlandSupreme Court of Missouri · 1905

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3Cited by17 opinions

  1. Travelers Indemnity Company v. ChumbleyMissouri Court of Appeals · 1965
  2. Marks v. Hardware Dealers Mutual Fire Insurance Co.Missouri Court of Appeals · 1967
  3. Freeman v. BerberichSupreme Court of Missouri · 1933
  4. State Ex Rel. Park National Bank v. Globe Indemnity Co.Supreme Court of Missouri · 1933
  5. Buck v. St. Louis Union Trust Co.Supreme Court of Missouri · 1916

12 more not listed; retrieve them via the Exa API.

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