Henderson v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — No». E. P. Gates, Judge. (1) (a) It does not appear that the next friend of plaintiff gave bond as such, or that he was relieved of such requirement by the clerk of the court, making the appointment. This made a jurisdictional defect, which supported defendant’s objection to the introduction of evidence, under the petition.
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Appeal from Jackson Circuit Court. — No». E. P. Gates, Judge. (1) (a) It does not appear that the next friend of plaintiff gave bond as such, or that he was relieved of such requirement by the clerk of the court, making the appointment. This made a jurisdictional defect, which supported defendant’s objection to the introduction of evidence, under the petition. R. S. 1889, secs. 2001 and 2002; Spillane v. Railroad, 111 Mo. 555. (b) It is necessary to make proof of the appointment and qualification of the next friend. Porter v. Railroad, 60 Mo. 162. The proof fell short of the statutory…
1Opinion of the CourtGantt, P. J.
This is an action for damages for personal injuries. Plaintiff recovered judgment for *483$8,000 and defendant appeals. At the time of his injury the plaintiff was employed by the city at its branch waterworks, known as the Turkey-Creek Pumping Station, as an oiler and wiper.
Plaintiff was nineteen years old when injured on October 5, 1897. He had commenced work in June of that year. Prior to obtaining this employment he had worked in a foundry three months and for a telephone •company four or five weeks, carrying water to the laborers. He had gone to the public schools until he had reached the…
2Cases cited9 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Hamman v. Central Coal & Coke Co.Supreme Court of Missouri · 1900
- Settle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1895
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Wendler v. People's House Furnishing Co.Supreme Court of Missouri · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Chafor v. City of Long BeachCalifornia Supreme Court · 1917
- Hall v. West & Slade Mill Co.Washington Supreme Court · 1905
- Smith v. FordyceSupreme Court of Missouri · 1905
- Lee v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
- Czernicke v. EhrlichSupreme Court of Missouri · 1908
9 more not listed; retrieve them via the Exa API.