HASEMEIER v. SMITH

No. 48959.

361 S.W.2d 697 (1962)

James Lee HASEMEIER, Appellant, v. Hugh R. SMITH, Respondent.

Supreme Court of Missouri, En Banc.

November 14, 1962.


Attorney(s) appearing for the Case

John T. Sluggett, III, Clayton, for appellant.

Morris E. Stokes, Burton H. Shostak, Moser, Marsalek, Carpenter, Cleary Jaeckel & Hamilton, St. Louis, for respondent.


COIL, Commissioner.

Mr. Hasemeier, the plaintiff below, filed a malpractice action wherein he claimed $25,000 as damages for the wrongful death of his wife which he averred was due to defendant's negligence. Defendant's motion to dismiss on the ground that plaintiff's petition did not state a claim upon which relief could be granted was sustained, and the trial court adjudged "that this cause of action be and is hereby dismissed without prejudice." Defendant has moved...

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