Sterling v. Parker-Washington Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Row. George R. Shields, Judge. (1) There has been no amendment of the petition, or other showing in the record, to suggest that plaintiff’s cause of action is revivable by the administratrix. 'Only actions “other than those resulting in death” are so revivable, and that showing must appear.
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Appeal from St. Louis City Circuit Court. — Row. George R. Shields, Judge. (1) There has been no amendment of the petition, or other showing in the record, to suggest that plaintiff’s cause of action is revivable by the administratrix. 'Only actions “other than those resulting in death” are so revivable, and that showing must appear. After the verdict was set aside (May 9, 1912) the trial court had no power, after the death of plaintiff, in' March, 1912, to reinstate the verdict in his name, without a showing such as is réquired by the revival statute, if at all. R. S. 1909, sec. 5438; Showen…
1Opinion of the CourtAllen, J.
This is an action instituted by one James Sterling to recover damages for injuries sustained by him while in the employ of the defendant corporation as its servant.
*205On December 16, 1911, at tbe December term of tbe circuit court of tbe city of St. Louis, a verdict was rendered in favor of plaintiff for $7054 and judgment entered thereupon. Within due time the defendant filed its motion for a new trial, which motion was continued and remained undisposed of until the April term, 1912, of said circuit court! In the meantime, to-wit, during the month of March, 1912 (the exact date not appearing)…
2Cases cited10 opinions
- Morton ex rel. Richardson v. Supreme Council of the Royal LeagueMissouri Court of Appeals · 1903
- Millar v. St. Louis Transit Co.Supreme Court of Missouri · 1909
- Walter v. ScofieldSupreme Court of Missouri · 1902
- Showen v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912
- Davis v. McCollMissouri Court of Appeals · 1914
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3Cited by8 opinions
- Hagemann v. PinskaMissouri Court of Appeals · 1931
- Moss v. Kansas City Life Ins. Co.Court of Appeals for the Eighth Circuit · 1938
- Moloney v. MoloneySupreme Court of Kansas · 1947
- Matlick v. MatlickMissouri Court of Appeals · 1923
- Strunk v. Commercial Plastics Co.Missouri Court of Appeals · 1990
3 more not listed; retrieve them via the Exa API.