PRITCHARD v. SMITH

No. 16637.

289 F.2d 153 (1961)

Mrs. Mary Ellen PRITCHARD, wife of Charles C. Pritchard, Appellant, v. Eugene G. SMITH, Chief of Police, City of Little Rock, Arkansas, Appellee.

United States Court of Appeals Eighth Circuit.

April 26, 1961.


Attorney(s) appearing for the Case

Sidney W. Provensal, Jr., New Orleans, La., made argument. Amis Guthridge, Little Rock, Ark., was with Sidney W. Provensal, Jr., New Orleans, La., on the brief, for appellant.

Joseph C. Kemp, Little Rock, Ark., made argument and filed brief on behalf of appellee.

Before SANBORN, VAN OOSTERHOUT and MATTHES, Circuit Judges.


VAN OOSTERHOUT, Circuit Judge.

The sole issue presented by this appeal is whether plaintiff's action for damages to her person, brought pursuant to 42 U.S.C.A. § 1983 for alleged violation of civil rights, survived upon the death of the defendant. The trial court held the action did not survive and entered judgment of dismissal. This timely appeal followed.

Plaintiff in the complaint filed September 25, 1959, alleged that the defendant Smith, Chief of...

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