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CRISPIN v. ST. LOUIS PUBLIC SERVICE CO.

No. 42035.

237 S.W.2d 153 (1951)

CRISPIN v. ST. LOUIS PUBLIC SERVICE CO.

Supreme Court of Missouri, Division No. 1.

Rehearing Denied March 12, 1951.

Attorney(s) appearing for the Case

Fred J. L. Schuler, Leahy & Leahy, Shad R. Bennett, Joseph J. Simeone, Jr., St. Louis, for appellant.

Coburn, Storckman & Croft and Clem F. Storckman, all of St. Louis, for respondent.

HYDE, Judge.

Plaintiff commenced an action for $10,000 damages, for wrongful death of her husband, which was dismissed, September 24, 1948, for failure to give security for costs. Plaintiff commenced this present suit on the same cause of action on August 1, 1949, as authorized by Sec. 3656, R.S. 1939, now 537.100, R.S.1949. Defendant's motion to dismiss (on the ground that the order did not recite the dismissal was without prejudice) was sustained and plaintiff has...

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