Kansas City-Leavenworth Railroad v. Gallagher

The opinion of the court was delivered by

Burch, J.:

A street-sweeper of a city street, while engaged in the performance of his duties at night, was run down and killed by an electric street-railway car. The car was running at a speed of twenty to twenty-five miles per hour, while the rate allowed by the ordinances of the city was but twelve miles per hour. The track was “sweaty,” and because of its slippery condition a moving car was difficult to control. The conductor and motorneer in charge of the car discovered the employee of the city when 100 feet distant from him. He was then upon the…