Brock, Administrator v. PEABODY COOPERATIVE EQUITY EXCH

The opinion of the court was delivered by

Wertz, J.:

This was an action for damages brought by Ernest Shank for the wrongful death of his wife against The Peabody Cooperative Equity Exchange, defendant (appellee). From an order of the trial court sustaining defendant’s demurrer to plaintiff Shank’s amended petition, plaintiff appealed. Pending the appeal, Ernest Shank died and this action was later revived. It now proceeds in the name of Joseph E. Brock, administrator of the estate of Ernest H. Shank, deceased, plaintiff (appellant).

The petition alleged that Mary Elizabeth Shank, on November…