537.010. Action for damages to property to survive regardless of death of either party. - Missouri Statutes

Action for damages to property to survive regardless of death ofeither party.

537.010. Actions for wrongs done to property or intereststherein may be brought against the wrongdoer by the person whoseproperty or interest therein is injured. If the person whoseproperty or interest therein is injured is dead, the actionsurvives and may be brought against the wrongdoer by the personappointed as fiduciary for the estate of the deceased person. Ifthe wrongdoer is dead, the action also survives and may bebrought and maintained in the manner set forth in section537.021. Such actions shall be brought and maintained in thesame manner and with like effect in all respects as actionsfounded upon contracts.

(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.