Stanley v. Vogel
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Lindley, J. This action arises out of contract, and survives.— JDoede v. Wiswall, 5 How. Pr. 132; Yevtore v. Wiswall, 16 How. Pr. 8 ; Posse v. Shipton, 8 Ad. & E. 963 ; Brotherton v. Wood, 3 Bro'd. & B. 54. The right of action for the recovery of damages for the loss of earnings, and for money expended by reason of the injury sustained, survives under the statute. —Wag.
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Appeal from the St. Louis Circuit Court, Lindley, J. This action arises out of contract, and survives.— JDoede v. Wiswall, 5 How. Pr. 132; Yevtore v. Wiswall, 16 How. Pr. 8 ; Posse v. Shipton, 8 Ad. & E. 963 ; Brotherton v. Wood, 3 Bro'd. & B. 54. The right of action for the recovery of damages for the loss of earnings, and for money expended by reason of the injury sustained, survives under the statute. —Wag. Stats. 87, sects. 29, 30 ; James v. Christy, 18 Mo. 164; Jewell v. Weaver, 10 Mo. 234; Higgins v. Breen, 9 Mo. 493. Actions of tort die with the person committing the same. — Nettleton…
1Opinion of the CourtHayden, J.
The defendant’s testator was conducting a hotel in St. Louis. The petition alleges that the plaintiff was a guest at the hotel, and that the testator, disregarding his agreement to furnish her with suitable accommodations, had an elevator shaft in the hotel so carelessly arranged that the plaintiff, having occasion to retire to the water-closet, fell through the unguarded doorway and into the shaft of the elevator, whereby she was greatly injured. The testator having died, this action was brought, and there was a demurrer on the ground that the cause of action did not survive. There was…
2Cases cited2 opinions
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