Lewis v. St. Louis & Iron Mountain Railroad
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The cause does not abate on account of the death of appellant after appeal taken, judgment having been in his favor below. a. When the plaintiff recovered judgment in the court below, the cause of action became merged in .the judgment. (Kimbrough v. Mitchell, 1 Head, 539; 2 Bouv. Inst., 149 ; see also 15 Conn., 524.) b. The death of the plaintiff after final judgment does not abate the suit; execution may issue. (Wil.
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Appeal from St. Louis Circuit Court. I. The cause does not abate on account of the death of appellant after appeal taken, judgment having been in his favor below. a. When the plaintiff recovered judgment in the court below, the cause of action became merged in .the judgment. (Kimbrough v. Mitchell, 1 Head, 539; 2 Bouv. Inst., 149 ; see also 15 Conn., 524.) b. The death of the plaintiff after final judgment does not abate the suit; execution may issue. (Wil. Ex., *766.) And if a plaintiff in error dies after errors assigned, the writ does n'ot abate. (Wil. Ex., *1710; Carroll vs. Bowie, 7…
1Opinion of the CourtWagner, Judge
This was an action brought by the intestate who was the plaintiff below, to recover damages for the loss of a leg while serving as brakesman on defendant’s road.
The petition alleged that on the 15th day of June, 1869-, plaintiff was injured while in the discharge of his duties as brakesman in coupling cars, without carelessness or negligence on his part, through the negligence, carelessness and want of proper care and prudence of defendant in the management of its railroad, in this: that it permitted deep and dangerous holes to remain' open in the ground and road bed,, between its side track…
2Cases cited11 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Chicago & North Western Railroad v. SwettIllinois Supreme Court · 1867
6 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- Indiana Car Co. v. ParkerIndiana Supreme Court · 1885
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Fowden v. Pacific Coast Steamship Co.California Supreme Court · 1906
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
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