Hiltner v. Kansas City

STOCKARD, Commissioner.

Upon motion by each defendant, plaintiff’s second amended petition for damages in the amount of $35,000 was dismissed by the trial court for failure to state a claim upon which relief could be granted. Plaintiff has appealed.

The pertinent parts of plaintiff’s petition, as stated by plaintiff in her brief and adopted as a correct statement by both defendants, are as follows:

“(a) Plaintiff, while standing within a streetcar safety zone, at or near the southeast corner of 41st Street and Troost Avenue, for the purpose of boarding a streetcar operated by the defendant…