Birmingham Ex Rel. Birmingham v. Kansas City Public Service Co.

[ 323] The defendant-appellant Service Company appeals from an order of the Jackson county circuit court sustaining the plaintiff-respondent’s motion, for new trial on one of the grounds assigned therein, namely, that the court had erred in giving to the jury one of appellant’s requested instructions later set out herein. That issue, in its several aspects, is the main point in controversy on this appeal. But appellant further contends respondent failed to make a case for the jury on the issue of its negligence, and that he was also guilty of contributory negligence as a matter of law.

The…