Myers v. Chicago, Burlington & Quincy Railroad

i. Actionstihesnby substi' tutioii. This action was first begun by William Myers, who claimed damages for loss of consortium as the result of the alleged wrongful acts of defendant’s employees causing the death of his wife. A demurrer to the petition having been sustained (see Seney v. Railway, 125 Iowa, 290), an amended and substituted petition was filed by F. K. Myers, as administrator of the decedent, claiming damages to her estate. Defendant moved that this be stricken for that it changed parties plaintiff and alleged a new cause of action. This motion is overruled and exception is taken…