Brooks v. Kansas City Gas Co.

Frank C. Brooks brought this suit against the appellant, Kansas City Gas Company, to recover damages for the loss of an eye, alleged to have been caused by the negligence of the Gas Company. He obtained a judgment in the trial court in the sum of $8500. After a motion for new trial was filed and before a hearing was had on that motion, the plaintiff died. The cause was revived in the name of respondent, Agnes J. Brooks, plaintiff's wife, and administratrix of his estate. Thereafter the motion for new trial was overruled and the Gas Company appealed.

In the course of the opinion deceased, Frank…