Shepard v. Kansas City Public Service Co.

This is an action for damages for personal injuries. Plaintiff recovered a verdict and judgment in the sum of $425Q. The court granted defendant a new trial on the ground that it should have sustained its instruction in the nature of a demurrer to the evidence. Plaintiff has appealed.

The facts show that defendant operates a street car system in Kansas City; that one of its single track lines runs through a public park situated north of 71st Street in said city; that on or about September 2, 1939, about 1:30 P. M. of a clear day, plaintiff was a passenger on one of defendant’s northbound cars…