Millar v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. O’Neill By an, Judge. An action under the Damage Act does not survive to the administrator, and the plaintiff in this case having died pending this appeal, this action must abate. Bates v. Sylvester, 206 Mo: 293. The executor has the right to revive the action in his own name.
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Appeal from St. Louis City Circuit Court. — Hon. O’Neill By an, Judge. An action under the Damage Act does not survive to the administrator, and the plaintiff in this case having died pending this appeal, this action must abate. Bates v. Sylvester, 206 Mo: 293. The executor has the right to revive the action in his own name. R. S. 1899, sec. 762. The case of State ex rel. v. Stratton, 110 Mo. 426, decides that where a plaintiff dies after verdict but before judgment and a motion for a new trial has been filed by defendant, the court should proceed and act on the motion for a new trial. In the…
1Opinion of the CourtGraves, J.
This case is numbered 13392 in this court, and is one branch of a cross appeal taken by plaintiff in the case of Ada J. B. Millar, plaintiff, vs. St. Louis Transit Company and United Railways Company, defendants. The facts material to this appeal by Mrs. Millar appear in the appeal taken by the St. Louis Transit Company in case No. 13118, just decided, and reported in 215 Mo., page 607, except the record shows there was introduced in evidence a certain lease from the United Railways Company to the St. Louis Transit Company and two ordinances of the city *102of St. Louis, relative thereto. This…
2Cases cited8 opinions
- Hegerich v. . KeddieNew York Court of Appeals · 1885
- State ex rel. Rose v. JobSupreme Court of Missouri · 1907
- State v. BauerleSupreme Court of Missouri · 1898
- Moorshead v. United Railways Co.Supreme Court of Missouri · 1907
- Rogers v. WolfeSupreme Court of Missouri · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Cummins v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Demay v. Liberty Foundry Co.Supreme Court of Missouri · 1931
- City of Springfield v. ClementMissouri Court of Appeals · 1920
- Betz v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1926
- Monahan v. Estate of MonahanMissouri Court of Appeals · 1936
19 more not listed; retrieve them via the Exa API.