Drake v. Kansas City Public Service Co.

Plaintiff, seventeen years of age, brought suit by his next friend in the circuit court of Jackson county on the 5th day of April, 1928, to recover damages for personal injuries alleged to have been sustained by him as the result of defendant's negligence. Plaintiff recovered judgment for five thousand dollars, and the defendant appeals.

The sufficiency of plaintiff's petition is not questioned.

The defendant's answer, upon which the case was tried, contains a general denial and an averment that on the 18th day of June, 1928, the plaintiff filed in a justice of the peace court in Kaw Township.…