Redmond ex rel. Redmond v. Quincy, Omaha & Kansas City Railroad
Supreme Court of Missouri
Appeal from Caldwell Circuit Court. — Hon. J. W. Alexander and Hon. Frank H. Trimble, Judges. (1) An insane man cannot be party plaintiff in a lawsuit. Hayes v. Miller, 81 Mo. 424. The petition was a suggestion of “disability” (R. S. 1899, sec. 756), and was so treated by the court, but the law governing revival of causes was not followed.
Read the full summary
Appeal from Caldwell Circuit Court. — Hon. J. W. Alexander and Hon. Frank H. Trimble, Judges. (1) An insane man cannot be party plaintiff in a lawsuit. Hayes v. Miller, 81 Mo. 424. The petition was a suggestion of “disability” (R. S. 1899, sec. 756), and was so treated by the court, but the law governing revival of causes was not followed. R. S. 1899, secs. 758, 759. (2) Appellant’s motion to dismiss being equivalent to, and in effect, a plea in abatement, should have been sustained, (a) The cause had not been properly revived. R. S- 1899, secs. 758, 759. (b) The probate court was without…
1Opinion of the CourtValliant, J.
Plaintiff in his petition avers that he was a switchman and brakeman in the employ of the defendant railroad company; that while he was engaged in the performance of his duty as such, in defendant’s switch yard at Milan, on January 11, 1903, standing on the ladder on the side of a car that was being switched, he was struck against another car that was standing on a side track, knocked off, thrown to the ground and received severe personal injuries, for which he sues to recover damages. The trial resulted *726in a judgment in plaintiff’s favor for $10,000, from which, the defendant appealed.
The…
2Cases cited3 opinions
- Swink v. AnthonyMissouri Court of Appeals · 1902
- Koenig v. Union Depot Railway Co.Supreme Court of Missouri · 1906
- Hayes v. MillerSupreme Court of Missouri · 1884
3Cited by29 opinions
- Denny v. GuytonSupreme Court of Missouri · 1931
- Empire District Electric Co. v. JohnstonMissouri Court of Appeals · 1954
- Ex Parte Higgins v. HoctorSupreme Court of Missouri · 1933
- State ex rel. Cave v. TincherSupreme Court of Missouri · 1914
- Midway National Bank & Trust Co. v. DavisSupreme Court of Missouri · 1921
24 more not listed; retrieve them via the Exa API.