Newdiger v. Kansas City

This is an action for personal injury. Plaintiff brought suit against Kansas City and Kansas City Public Service Company. At the close of plaintiff's case the court marked "given" what we may term a demurrer to the evidence, offered on the part of the Kansas City Public Service Company. Defendant, Kansas City, excepted to the giving of this peremptory direction to find for the service company. Plaintiff did not at any time dismiss or take a nonsuit as to the service company, but, when the peremptory direction was marked given, the service company withdrew from the trial. The peremptory…