Boyd v. Logan Jones Dry Goods Co.

This is an action for damages for the death of plaintiff's husband alleged to have been caused by defendant's negligence. The court sustained a demurrer to plaintiff's evidence and plaintiff, after taking an involuntary nonsuit and unsuccessfully moving to set it aside, has appealed from the final judgment of dismissal. A previous trial was also ended by a nonsuit.

[1] A premature appeal heretofore taken by plaintiff was dismissed. [Boyd v. Logan Jones Dry Goods Co., 335 Mo. 947,74 S.W.2d 598.] It is now contended that the case ended with the term at which the motion to set aside the nonsuit…