Shank v. Peabody Cooperative Equity Exchange

The opinion of the court was delivered by

Parker, C. J.:

Ernest Shank of Peabody brought this action for damages for the wrongful death of his minor son against the Peabody Cooperative Equity Exchange, a Corporation, doing business in that city, and perfected an appeal to this court from an order and judgment of the district court of Marion County sustaining a demurrer to his amended petition.

Sometime after perfecting his appeal Ernest died intestate. Thereafter this action was revived in the name of Joseph E. Brock, as the administrator of such decedent’s estate, and later, on proper appli…