Legal Opinion

Sawyer v. Sauer

Supreme Court of Kansas

Decided January 15, 1873PublishedCited by 6 opinions

Error from Miami District Court. Action brought by defendant in error to recover for loss •of services of his minor son, Emil J. Sauer. Emil the son (by a next friend) brought and prosecuted his action (ante p. 466,) to recover damages for the personal injuries sustained by him while riding in Sawyer’s stage-coach as a passenger.

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Error from Miami District Court. Action brought by defendant in error to recover for loss •of services of his minor son, Emil J. Sauer. Emil the son (by a next friend) brought and prosecuted his action (ante p. 466,) to recover damages for the personal injuries sustained by him while riding in Sawyer’s stage-coach as a passenger. The petition in this case alleges the minority of the said Emil, and the right of Anthony Sauer, the father, to the services of said Emil, and after averring the negligence, carelessness and recklessness of plaintiff in error, (as set forth in the case of Sawyer v.…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

The same questions are in this case as in the case of the same plaintiff in error against Emil J. Sauer, decided at ¡the last term, (ante, pp. 466, 469.) Nothing further need be said therefore concerning them. There are however some additional questions in this record which will require examination. And the most important arises on the refusal of an instruction asked by the defendant Sawyer, now plaintiff in error. In the case above mentioned, Emil J. Sauer, the party injured, was a minor, (who sued by his next friend,) to recover damages…

2Cases cited3 opinions

  1. Martin v. PayneNew York Supreme Court · 1812
  2. Bartley v. . RichtmyerNew York Court of Appeals · 1850
  3. North Missouri Railroad v. AkersSupreme Court of Kansas · 1868

3Cited by6 opinions

  1. Schleiger v. Northern Terminal Co.Oregon Supreme Court · 1903
  2. Abeles v. BransfieldSupreme Court of Kansas · 1877
  3. Baker v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1892
  4. Texas & Pacific Railway Co. v. MorinTexas Supreme Court · 1886
  5. Taylor v. Chesapeake & O. R'y Co.West Virginia Supreme Court · 1896

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