Crohn v. Kansas City Home Telephone Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1) Tke trial court erred in overruling tbe objection of defendant, tbe Kansas City Home Telephone Company, to the introduction of any evidence, for the reason that plaintiff’s petition did not state facts sufficient to constitute a cause of action. (1) If the objection to the legal capacity of plaintiff to sue as an administrator is not made by demurrer it is waived.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1) Tke trial court erred in overruling tbe objection of defendant, tbe Kansas City Home Telephone Company, to the introduction of any evidence, for the reason that plaintiff’s petition did not state facts sufficient to constitute a cause of action. (1) If the objection to the legal capacity of plaintiff to sue as an administrator is not made by demurrer it is waived. Gregory v. McCormack, 120 Mo. 537; Fuggle v. Hobbs, 42 Mo. 537; Clark v. Lopp, 80 Mo. App. 542; Sommer v. Bank, 108 Mo. App. 490. (2) This cause of action is…
1Opinion of the CourtJohnson, J.
This action was brought by the administrator of the estate of John L. Simpson, deceased, against the Metropolitan Street Railway Company and the Kansas City Home Telephone Company to recover damages in the sum of five thousand dollars, alleged, to have been caused by the negligence of both defendants. At the conclusion of the evidence, the street railway company was dismissed and the issues relating to the alleged negligence of the remaining defendant were submitted to the jury. A verdict was re*315turned for plaintiff in the sum of two thousand dollars and defendant telephone company appealed…
2Cases cited10 opinions
- Culver v. People ex rel. KocherspergerIllinois Supreme Court · 1896
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Jones v. DexterSupreme Court of Florida · 1859
- Gaston v. LamkinSupreme Court of Missouri · 1893
- Casey v. St. Louis Transit Co.Supreme Court of Missouri · 1907
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hassett v. WelchSupreme Court of the United States · 1938
- Gilkeson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
- Armbruster v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1914
- Acton v. ShieldsSupreme Court of Missouri · 1965
- State Ex Rel. Great American Home Savings Institution v. LeeSupreme Court of Missouri · 1921
14 more not listed; retrieve them via the Exa API.