Fiscus v. Kansas City Public Service Co.

The opinion of the court was delivered by

AlleN, J.:

This action was to recover damages for personal injuries. The petition, filed February 1, 1936, alleged that on August 14, 1935, the automobile which plaintiff was driving collided with a streetcar of the defendant company at the intersection of State avenue and Tenth street in Kansas City, Kan. It was alleged that the injuries sustained by the plaintiff were caused by the negligence of the servants of defendant in the operation of the streetcar. Plaintiff prayed for judgment in the sum of $3,000.

Defendant filed a motion, the nature of which…