Cox v. City of Kansas City

The opinion of the court was delivered by

Mason, J.:

Israel Saron, a resident of Missouri, was' killed by being thrown from a wagon in Kansas City, Kan. An action was brought against the city by H. W. Cox, as administrator of his estate, on the ground that his death was caused by the defective condition of the street. The plaintiff recovered a judgment and the defendant appeals.

The principal controversy is over the capacity of the plaintiff 'to maintain the action. Cox was the public administrator, under a statute creating that office,for Wyandotte county. (Laws 1903, ch. 199.) That statute…