Ross v. Pitcairn, 38621 (mo.banc 4-8-1944)

Action by plaintiff as administrator of the estate of Harry Rose, deceased, to recover the sum of $60,000 under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., for the death of decedent. At the trial of the Cause defendants interposed an objection to the introduction into evidence of letters of administration granted plaintiff, and evidence was heard in support of the bases of the objection. At the conclusion of the supporting evidence the trial court ruled, "defendants' objections are sustained, and the holding of the court is that plaintiff has no legal capacity to sue"; the…