SMITH, Judge.
This is a suit instituted by Harry Schlue, a minor, who alleges in his petition that plaintiff is a minor under the age of twenty-one years and brings this suit by his next friend, H. F. Schlue.
The petition, after alleging that the defendant is a Delaware corporation, duly authorized to do business in the state of Missouri, and operating busses as common carriers through Mississippi county and other counties in the state of Missouri, with power to sue and be sued, and that plaintiff is a minor and brings this suit by his next friend, continues as follows:
"For cause of action plaintiff states that on or about the 20th day of July, 1930, while he was riding, as an invited guest in an automobile at the time being driven by Joseph W. Schlue, going toward St. Louis on U. S. Highway Number 61, near Mehlville, Missouri, in St. Louis County, and exercising due care and caution for his safety said automobile so driven and owned by Joseph W. Schlue, aforesaid, at the time and place on said Highway No. 61, in the State of Missouri, was struck in the rear by defendant's passenger bus, owned and operated by the defendant, through its agents and servants.
"That said collision was directly caused by the carelessness and negligence of the defendant's driver, at the time and place in that said driver, who was at the time following the car in which the plaintiff was riding, did not slow down and proceed cautiously as required by law and did not pay any attention to the signs of the driver of the car in which plaintiff was riding, showing that he was going to stop, or to the stop signal on the back of the car in which plaintiff was riding, but that said bus driver carelessly and negligently ran into and against the car in which the plaintiff was riding, at the time, causing said collision. And while said automobile, in which this plaintiff was at the
time riding was slowing down and stopping because of traffic ahead of it, defendant's bus, which was traveling in the same direction behind the car in which the plaintiff was at the time riding, carelessly and negligently failed to give heed to the signal light on the rear of the car in which the plaintiff was at the time aforesaid, to stop, and failed to take heed of the signal given by hand by the driver of the car in which plaintiff was riding, but negligently and carelessly ran said bus into and against the car in which plaintiff was riding and belonging to the said Joseph W. Schlue, as aforesaid, injuring this plaintiff.
"Plaintiff, for a further assignment of negligence on the part of the defendant, through its agent and servant, states that at the time and place of the collision aforesaid defendant's bus was being operated without sufficient brakes, all of which acts of negligence and carelessness on the part of the defendant, through its agent and servant, in driving said bus at such a high rate of speed and with such force and violence against said automobile in which said plaintiff was riding, as aforesaid, caused plaintiff to be thrown forward and against the back of the front seat of the car in which he was riding, bruising and spraining his right leg, bruising and injuring his left leg, bruising and tearing the muscles of plaintiff's neck, causing it to be stiff for many days; greatly bruising plaintiff's chest and body, causing much pain and suffering; causing much soreness and swelling in plaintiff's chest, side and legs, which injuries were directly caused from said collision.
"Plaintiff states that said injuries sustained as aforesaid have been very painful; that he has been very nervous from the date of said injuries, and has been unable to sleep; that his neck and legs have been injured, diseased, and weakened, and that the nerves leading to and from same have been diseased and injured and the use thereof has been permanently impaired; that plaintiff's nervous system was and is shocked and permanently injured, weakened and diseased and the functions thereof permanently impaired, and, as a result of said injuries to said nervous system, he has suffered and will permanently suffer from severe headaches, nervousness and general debility of the nervous system; all of which injuries were directly and proximately caused by the negligence and carelessness of the defendant, through its agent and servant, in operating the bus as aforesaid, at the time and place of the collision with the car in which this plaintiff was riding.
"Plaintiff states that because of the injuries sustained through the carelessness and negligence of the defendant aforesaid, he has suffered damages in the sum of $2,000.00.
"Wherefore, plaintiff prays judgment for his damages in the sum of $2,000.00 and for his costs herein."
The amended answer of defendant is as follows:
"Now comes the defendant, after having obtained leave of the Court so to do, and for its amended answer to plaintiff's petition denies generally each and every allegation therein contained and prays judgment.
"Further answering, defendant specifically denies that the collision mentioned in plaintiff's petition was caused by the carelessness and negligence of the defendant's driver; specifically denies that the bus driver carelessly and negligently ran into and against the car in which plaintiff was riding; specifically denies that defendant was negligent and careless in any manner whatever; specifically denies that the defendant's bus was being driven at a high and dangerous rate of speed so as to endanger the life and limb of plaintiff or anyone else; specifically denies that said bus was being operated without sufficient brakes.
"Further answering, defendant avers that on or about the date mentioned in plaintiff's petition the defendant was operating a bus on northbound Highway 61, between Farmington and St. Louis, following a line of three automobiles, which were traveling in the same direction, the third or rear car being the one in which plaintiff was riding; that suddenly and without warning or signaling in any manner whatsoever, car No. 1 stopped; that thereupon the second car did likewise; that thereupon the driver of the car in which plaintiff was riding suddenly and without signaling in any manner whatever stopped his car; that thereupon defendant's motorbus operator, immediately and to the fullest extent applied his brake in emergency and also applied his foot brake, but was unable to slow down or stop defendant's motorbus before it collided with the car in which plaintiff was riding.
"Further answering, defendant says that the plaintiff's injuries, if any, were caused solely by the negligence of the driver of the automobile first in line ahead of the car in which plaintiff was riding and the negligence of the operator of the car in which plaintiff was riding in failing to give timely warning of his intention to slow down or stop his car.
"Further answering, defendant says that plaintiff and Joseph Schlue, the driver of the car in which the plaintiff was riding, together with the other occupants of the car, were at the time of the accident engaged in a common enterprise, to wit, going on a pleasure trip to the City of St. Louis for the purpose of visiting at the home of a friend in said city.
"Defendant having fully answered, prays to be discharged with its costs."
The reply is a general denial of new matter pleaded in the answer.
Trial was had on the 17th day of February, 1932, and resulted in a verdict and judgment for plaintiff in the sum of $750. From this judgment, after motion for new trial was overruled, the defendant appealed.
(It would not be amiss to say here, that since the trial of this case Honorable Thomas Gallivan, one of the attorneys for plaintiff, and Honorable W. C. Russell, who examined the witnesses for the defendant, have both died....
