Randolph ex rel. Adkins v. Hannibal & St. Joseph Railway Co.
Missouri Court of Appeals
Appeal from Clay Circuit Court, Hon. GI-eo. W. Dunn, J. ■ ' Statement of case by the court. This is an action to recover damages for a personal assault and battery committed upon the plaintiff by one of defendant’s conductors, and for indignities and in-suits connected therewith. The plaintiff is a minor, and sues by his next friend.
Read the full summary
Appeal from Clay Circuit Court, Hon. GI-eo. W. Dunn, J. ■ ' Statement of case by the court. This is an action to recover damages for a personal assault and battery committed upon the plaintiff by one of defendant’s conductors, and for indignities and in-suits connected therewith. The plaintiff is a minor, and sues by his next friend. The facts, as alleged in the petition and established at the trial, are substantially as follows : The plaintiff, a minor, was attending college at Liberty, Missouri. Desiring to visit Kansas City, he purchased of defendant’s station agent at Liberty, a round…
1Opinion of the Court
Opinion by
Philips, P. J.
1. It is first insisted by defendant that the judgment ■should be reversed because there was no proof offered of the appointment of Adkins as next friend for plaintiff. The petition alleges the infancy of plaintiff and the ■appointment of Adkins as such friend. H this fact had *614been properly pnt in issue by the answer, a failure to make proof of it would have been fatal to the recovery. Porter v. R. R. Co., 60 Mo. 162; Sherman v. R. R. Co., 72 Mo. 63.
The answer, however, only tendered the general issue. This was not sufficient to raise the issue in question. The…
2Cases cited6 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Trigg v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
- Bass v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- McKinley v. C. & N. W. R.Supreme Court of Iowa · 1876
- Perkins v. Mo., K. & T. R. R.Supreme Court of Missouri · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- McGinnis v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
- Carter v. OsterMissouri Court of Appeals · 1908
- Fell v. Rich Hill Coal Mining Co.Missouri Court of Appeals · 1886
- Cook v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1885
- Rouse v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1889
10 more not listed; retrieve them via the Exa API.