White v. Kansas City Public Service Co.

CAVE, J.,

This is an action for damages for personal injuries which was submitted solely upon humanitarian' negligence. The jury found for the plaintiff for $3500; judgment was entered thereon, and defendant prosecuted this appeal.

The accident occurred a few minutes after ten o ’clock, on the night of July 27, 1943, at 15th and Harrison Streets in Kansas City. 15th Street, an east-west thoroughfare, is 76 feet wide from curb to curb, with double street ear tracks in the center, occupying about 18.3 feet of the street’s surface. Harrison is a north-south street, and is 38 feet wide. At the time…