State Ex Rel. Kansas City Gas Co. v. Shain

Certiorari to determine whether the opinion of the Kansas City Court of Appeals in Sudduth v. Kansas City Gas Company, 123 S. W. (2d) 589, conflicts with controlling decisions of this court. The opinion states the facts as follows:

“In this action Derr ell Sudduth, a minor, sues by his next friend for damages for personal injuries, alleged to have been received by him by reason of alleged negligence of the defendant in its work of excavating a trench in which gas mains were being laid in Bast 16th Street which is a public thoroughfare in Kansas City, Jackson County, Missouri.

“The plaintiff…