Baxter v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Row. R. W. Johnson, Judge. (1) The demurrer to plaintiff’s evidence should have been sustained, (a) There was no evidence of the appointment or qualification of a curator to maintain the suit, or that the suit was prosecuted by a curator.
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Appeal from Audrain Circuit Court. — Row. R. W. Johnson, Judge. (1) The demurrer to plaintiff’s evidence should have been sustained, (a) There was no evidence of the appointment or qualification of a curator to maintain the suit, or that the suit was prosecuted by a curator. Porter v. Railroad, 60 Mo. 160; Casler v. Chase, 160 Mo. 424; Cohn v. Railroad, 382 Mo. 577. (b) If plaintiff or his fellow-servant, Davis, had looked or listened for the car it could have been seen and the injury would have been averted. That negligence directly contributed to the injury and should bar recovery. Neither…
1Opinion of the CourtValliant, J.
Plaintiff, a minor, received personal injuries in a collision with a street car which was being operated by defendant and sues to recover dam*6ages for the injuries, alleging that the collision was the result of the negligent operating of defendant’s street car. He recovered a judgment for $4,750, and defendant appealed.
I. Before entering into a consideration of the merits of the ease there is a question at the threshold that demands our attention.
The petition alleges that the plaintiff is a minor and that the St. Louis Trust Company, hy whom as his curator he sues, is his legally appointed and…
2Cases cited15 opinions
- Sherman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Rogers v. MarshSupreme Court of Missouri · 1880
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
- Schafstette v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Taylor v. PullenSupreme Court of Missouri · 1899
10 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Cytron v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Kinlen v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- McKee v. DowningSupreme Court of Missouri · 1909
- Gross v. WattsSupreme Court of Missouri · 1907
- Spelman v. DelanoMissouri Court of Appeals · 1914
26 more not listed; retrieve them via the Exa API.