Delisle v. Spitler

The trial court sustained defendant’s motion to strike plaintiff’s second amended petition and to dismiss. Plaintiff refused to plead further, and judgment for defendant was entered, and plaintiff appealed.

The action was begun in the Circuit Court of New Madrid County on April 17, 1937, by the filing of a petition against the trustees of the St. Louis-San Francisco Railway Company and Merrill Spitler as defendants. It grows out of the alleged wrongful death of plaintiff’s decedent who, as a passenger riding in an automobile driven by defendant Spitler,' is alleged to have sustained mortal…