Klopfenstein v. Union Traction Co.

The opinion of the court was delivered by

Buech, J.:

The action was one for damages for personal injuries sustained by an automobile driver on a public street, when his automobile went into an excavation between the rails of the defendant’s track. The plaintiff recovered, and the defendant appeals.

The petition, the instructions to the jury, and the special findings and general verdict of the jury, are brought up, and the complaint is, the special findings are inconsistent with the general verdict.

The petition described the excavation, alleged that, at the close of the day on December 19, 1918,…