Civil Procedure - Interpleader - Right to Jury Trial

Decedent brought suit against applicant for personal injuries sustained in a collision but died before judgment. His administrator continued the suit under a statute which allowed survival of the action only if the injuries did not cause death. His widow filed an action under the wrongful death statute, alleging that the injuries from the collision caused death. Applicant sought to have the administrator and the widow interpleaded to adjudicate between themselves the cause of death.

On appeal from a judgment dismissing applicant's bill, held, reversed. The interpleader statute authorizes such interpleading to prevent applicant's exposure to double recovery for a single liability. The proceeding being "equitable" in nature, there is no right to a jury determination of the cause of death. Plaza Express Co. v. Galloway, (Mo.

1955) 280 S.W. (2d) 17.