Perkins v. Schmit Construction Co.

— Two cases are here involved. They were consolidated in the district court and tried as one case on the theory that the same question is embraced in each suit. Likewise, these cases are consolidated for disposition on this appeal.

In the one case, the appellant Julia Perkins, as the next friend of Milford Perkins, a minor, brings the action in the minor’s behalf against the- Schmit Construction Co., the defendant-appellee. Julia Perkins commenced the other suit in her own behalf against the Schmit Construction Co., the defendant-appellee.

These suits grew out of an accident on October 22,…