DAY v. BRANDON

No. 51337.

394 S.W.2d 405 (1965)

Carl E. DAY, Administrator of the Estate of Julia Day, Deceased, (Plaintiff) Appellant, v. Lyle H. BRANDON and Swift & Company, a Corporation, (Defendants) Respondents.

Supreme Court of Missouri, Division No. 1.

October 11, 1965.


Attorney(s) appearing for the Case

Granville L. Gamblin, Clayton, Thomas R. Dowd, St. Louis, for appellant.

Hale Houts, Thad C. McCanse, Houts, James, McCanse & Larison, Kansas City, for respondents.


HOLMAN, Judge.

Plaintiff, as administrator of the estate of Julia Day, deceased, filed this suit in an effort to recover damages in the sum of $25,000 for the alleged wrongful death of his decedent. The trial court sustained defendant's motion to dismiss and plaintiff has duly appealed from that judgment.

The motion to dismiss was based on the ground that plaintiff's petition failed "to state a claim upon which relief can be granted since it appears on the...

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