Beechwood v. Joplin-Pittsburg Railway Co.
Missouri Court of Appeals
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
- Pickens v. RoySupreme Court of the United States · 1902
- North Chicago Street Railroad v. AckleyIllinois Supreme Court · 1897
- Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
- State ex rel. Gercke v. SeddonSupreme Court of Missouri · 1887
- State ex rel. Chicago, Burlington & Quincy Railroad v. BlandSupreme Court of Missouri · 1905
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- Freeman v. BerberichSupreme Court of Missouri · 1933
- State Ex Rel. Park National Bank v. Globe Indemnity Co.Supreme Court of Missouri · 1933
- Buck v. St. Louis Union Trust Co.Supreme Court of Missouri · 1916
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