Eubank v. Kansas City Terminal Railway Co.

* NOTE: Opinion filed at September Term, 1939, May 4, 1940; appellant's motion for rehearing or to transfer to Court en Banc filed; motion overruled at May Term, 1940, July 3, 1940. Action for damages for personal injuries. Verdict for plaintiff for $15,000, reduced by remittitur required by the court to $9,000, and judgment entered for latter amount. Defendant appeals. The case was submitted on primary negligence and negligence under the Kansas "last clear chance" doctrine, the accident having occurred in Kansas and being governed by the substantive law of that State. Questions of the…