Weber v. City of Hannibal
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. — Hon. Theo. Brace, Judge. This action was brought against the city of Hannibal to recover damages in the sum of five thousand dollars for the death of one Barthold Weber by reason of the alleged negligence of the defendant in not properly protecting an excavation made in the limits of one of its streets.
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Appeal from Hannibal Court of Common Pleas. — Hon. Theo. Brace, Judge. This action was brought against the city of Hannibal to recover damages in the sum of five thousand dollars for the death of one Barthold Weber by reason of the alleged negligence of the defendant in not properly protecting an excavation made in the limits of one of its streets. The suit was commenced by the appellant, Martin Weber, who in the caption described himself as guardian and curator of the infant children of deceased, and in his petition sets out the fact of his appointment as such, but does not allege that he…
1Opinion of the CourtSherwood, J.
We are of opinion that the original petition contained sufficient matter to amend' by, though somewhat loosely drawn. The title of the petition which is a part thereof under the terms of the statute, section 3511, specifies the names of the parties to the action, which shows by reasonable inference that Martin Weber sues as guardian and curator of the estate of the minors whose names are set forth. In addition, the petition, in the body thereof, sets forth the names of the minors, describes them as “minor co-plaintiffs herein,” alleges all the facts showing a right under the statute to…
2Cases cited2 opinions
- Wynn v. CorySupreme Court of Missouri · 1869
- State ex rel. Longdon v. ShelbySupreme Court of Missouri · 1882