Berner v. Whittelsey Mercantile Co.

Citations

• 93 Kan. 769
• 145 P. 567
• 1915 Kan. LEXIS 23

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Action — Personal Injuries — -Death of Plaintiff — Revivor in Name of Administrator — Settlement by Administrator Final. Where the plaintiff dies during the pendency of an action for personal injury, and a revivor is had in the name of an administrator, who accepts a payment in full satisfaction of all claims, no further recovery can be had for the benefit of the next of kin upon the theory that the death was due to the injury which was the basis of the original action.</p>