Schmidt v. Kansas City Western Railway Co.

*499The opinion of the court was delivered by

Benson, J.:

This action was brought by a passenger upon the defendant’s railway to recover damages for personal injuries suffered through the alleged wanton conduct of its conductor and motorman in ejecting him from a car.

The plaintiff, a paper hanger, fifty-three years of age, entered the car about ten o’clock in the evening, at a street intersection in Kansas City, to go to his home at Northwest crossing. At Welborn, while being ejected from the car, he was injured upon his head, back and shoulders by colliding with the street pavement. Evidence on…