Coul v. George B. Peck Dry Goods Co.

This is a suit for damages for personal injuries alleged to have been caused by the negligence of the defendant. Upon a trial to a jury the court sustained a demurrer to plaintiff's evidence and instructed the jury to return a verdict for the defendant. A verdict was returned in conformity with the instruction, and from the judgment entered thereon the plaintiff has appealed.

The defendant in the operation of a retail store in Kansas City maintained a department for the delivery of goods to its patrons. Regular and extra drivers were employed by it to make its deliveries. The regular drivers…