Fralick v. Kansas City Public Service Co.

The opinion of the court was delivered by

Thiele, J.:

This was an action for personal injuries sustained by a passenger in a streetcar against the owner of the streetcar, its motorman and the driver of a truck, and alleged to have occurred as the result of negligence in the operation of the streetcar and the truck. The owner of the streetcar and its motorman appeal from an order granting the plaintiff a new trial, and from precedent rulings.

For the purposes of disposing of the appeal it may be said that plaintiff’s petition alleged the corporate defendant was engaged in the business of…