Jennings v. Southwestern Bell Telephone Co.

WESTHUES, Judge.

Edward P. Jennings and Opal Jennings, as husband and wife, instituted this suit in the Circuit Court of the City of St. Louis, Missouri, against the Southwestern Bell Telephone Company, Inc., to recover $2,-900 actual and $10,000 punitive damages. The trial court sustained defendant’s motion to dismiss on the ground that the petition failed to state a cause of action. An appeal was taken to this court. However, before the appeal was taken, Edward P. Jennings died and the case as to Edward P. Jennings was revived in the name of Opal Jennings as administratrix of his estate.

The…