Koenig v. Union Depot Railway Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Bow. Jno. W. McElhirmey, Judge. (1) By statute, where a disability is suggested by the adverse party, it is the duty of the court to continue the case until a representative can be brought in. R. S. 1899, secs. 756, 757. (2) It is the duty of a guardian of an insane person to prosecute and defend all actions.
Read the full summary
Appeal from St. Louis County Circuit Court. — Bow. Jno. W. McElhirmey, Judge. (1) By statute, where a disability is suggested by the adverse party, it is the duty of the court to continue the case until a representative can be brought in. R. S. 1899, secs. 756, 757. (2) It is the duty of a guardian of an insane person to prosecute and defend all actions. R. S. 1899; sec. 3667; Hayes v. Miller, 81 Mo. 424; Reed v. Wilson, 13 Mo. 30. (3) Actions must be brought and prosecuted by the guardian or next friend of a lunatic. Whetstone v. Whetstone, 75 Ala. 495; Dorsheim v. Roosback, 3 C. E. Creen…
1Opinion of the Court
GANTT J.
This is the second appeal of this cause. The first is reported in 173 Mo. 698. The evidence is fully stated in the opinion of Judge Burgess on the former appeal, and it is unnecessary to reproduce it in full. The plaintiffs are respectively father and mother of Amelia Koenig, their infant daughter, who was struck and killed on the 8th day of May, 1899; by one of defendant’s street railway cars at the intersection of Arsenal street and Compton avenue, in the city of St. Louis. Amelia was about six years old at the time she was killed. The defendant is a corporation organized under the…
2Cases cited7 opinions
- Blount v. SprattSupreme Court of Missouri · 1892
- Koenig v. Union Depot Railway Co.Supreme Court of Missouri · 1903
- Allen v. RansonSupreme Court of Missouri · 1869
- McKenzie v. DonnellSupreme Court of Missouri · 1899
- Hurt v. CookSupreme Court of Missouri · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Redmond ex rel. Redmond v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1910
- Beil v. GaertnerSupreme Court of Missouri · 1946
- Williams v. PylesSupreme Court of Missouri · 1963
- Burger v. BoardmanSupreme Court of Missouri · 1914
- Fiorella v. FiorellaMissouri Court of Appeals · 1951