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Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 537

previous next Effective - 28 Aug 1977bottom

  537.010.  Action for damages to property to survive regardless of death of either party. — Actions for wrongs done to property or interests therein may be brought against the wrongdoer by the person whose property or interest therein is injured.  If the person whose property or interest therein is injured is dead, the action survives and may be brought against the wrongdoer by the person appointed as fiduciary for the estate of the deceased person.  If the wrongdoer is dead, the action also survives and may be brought and maintained in the manner set forth in section 537.021.  Such actions shall be brought and maintained in the same manner and with like effect in all respects as actions founded upon contracts.

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(RSMo 1939 § 98, A.L. 1977 S.B. 147)

Prior revisions: 1929 § 98; 1919 § 97; 1909 § 105

(1969) The charitable immunity doctrine is abolished and nongovernmental charitable institutions are liable for their own negligence and the negligence of their agents and employees acting within the scope of their employment. Abernathy v. Sisters of St. Mary's (Mo.), 446 S.W.2d 599.

(1969) Churches are liable for their own negligence and the negligence of their agents and employees acting within the scope of their employment. Garnier v. St. Andrew Presbyterian Church of St. Louis, Mo. (Mo.), 446 S.W.2d 607.

(1971) The doctrine of governmental immunity does not violate the constitutional rights of an injured party by depriving him of rights or property without due process. Wood v. County of Jackson (Mo.), 463 S.W.2d 834.


---- end of effective   28 Aug 1977 ----

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