Williams v. Missouri Valley Bridge & Iron Co.

Citations

• 111 Kan. 34
• 206 P. 327
• 1922 Kan. LEXIS 166

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Wrongful Death — Action in Name of Wrong Party Plaintiff — Substitution of New Plaintiff Allowed — Statute of Limitations. In an action for damages for wrongful death, brought for the benefit of a person lawfully entitled thereto, the substitution, by amendment, of a new party plaintiff who had a right to sue in that behalf, in lieu of a plaintiff who did not have such right, was properly allowed by the trial court; and such substitution did not change the cause of action; nor did the statute of limitations run against the substituted plaintiff during the pendency of the action as originally begun.</p>