Draper v. Kansas City Railways Co.

Plaintiff recovered a verdict and judgment for damages for personal injuries and defendant has appealed. The ease must he reversed and remanded as plaintiff confesses error in his instruction on the measure of damages. However as the case is to be retried, it is necessary for us to pass upon the other points raised by defendant.

*486Defendant’s first point is that its demurrer to the evidence should have been sustained. The evidence taken in its most favorable light to plaintiff shows: that on the 13th of August, 1915, he was a passenger on a westbound car belonging to defendant’s predecessor,…