Davis v. Morgan
Cases that cite this one
4 later published cases cite this decision.
- Millar v. St. Louis Transit Co. (Mo. 1909)
- State Ex Rel. Thomas v. Daues (Mo. 1926)
- Behen v. St. Louis Transit Co. (Mo. 1905)
- Alexander v. Grand Avenue Railway Co. (Mo. Ct. App. 1893)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This action was brought for personal injuries caused to plaintiff by the fall of a house owned by Robert Gf. Shaw. Such proceedings were had in the circuit court as compelled plaintiff to take a nonsuit and he has appealed here. During the present term, the death of the defendant has been suggested, and by consent, the administrator has been made a party to the action.
The merits of this cause cannot be discussed, since the action was for personal injuries, and judgment for the defendant, who, since appeal taken, has died. -The action, by reason of defendant’s death, abated, and could not be revived in the name of his administrator. R. S. 1879, secs. 96, 97. The maxim, “ actio personalis moritur cum persona” applies, and our statute, so far as concerns this case, is only declaratory of the common law. Stanley v. Bircher's Ex’r, 78 Mo. 245; 1 Chitty Pl. 77, and cas. cit.
Inasmuch as the -action has abated, the cause will be stricken from the docket.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.