Slater v. Kansas City Terminal Railway Company

VAN OSDOL, Commissioner.

This is an appeal by plaintiff from a judgment of dismissal of plaintiff’s petition in which petition, filed October 20, 1952, plaintiff stated a claim as the widow for the wrongful death of her husband and sought the recovery of $15,000 damages. The trial court sustained defendants’ motion to dismiss the amended petition on the stated grounds that the action was not instituted within one year after the claim accrued, and that the amended petition failed to state a claim upon which relief could be granted. Plaintiff had instituted the action by filing an original…