Semler v. Kansas City Public Service Co.

The Kansas City Public Service Company, a corporation, appeals from a judgment awarding Harry L. Semler $10,000 for injuries sustained while on one of defendant's streetcars. Defendant attacks plaintiff's submission under the res ipsa loquitur doctrine and the amount of the judgment.

On the afternoon of May 8, 1943, plaintiff, a postman, finished the delivery of his route and became a fare-paying passenger on one of defendant's eastbound streetcars at 47th street and Paseo. Plaintiff noticed that the first cross seat (approximately 8 or 9 feet back into the body of the car) on the north side…