Gimmarro v. Kansas City

* NOTE: Opinion filed at May Term, 1937, August 26, 1937; motion for rehearing filed; motion overruled December 17, 1937; motion to transfer to Court en Banc filed; motion overruled at May Term, 1938, May 3, 1938. Plaintiff, respondent, sued defendant, appellant, to recover damages for personal injuries alleged to have been sustained through the negligence of the city. A trial resulted in a verdict and judgment for plaintiff in the sum of $8,000, and defendant city appealed.

The evidence justifies the following statement of facts: Respondent was a member of a working crew which was digging a…