Millhouser v. Kansas City Public Service Co.

This is an appeal by defendant, a street car company, in a personal injury case from an order of the trial court sustaining plaintiff's motion for new trial on the ground of having given erroneous instructions to the jury on behalf of the defendant. The plaintiff charges negligence, in addition to other grounds, in violating what is generally termed the humanitarian or last chance rule, which requires anyone operating a dangerous instrumentality, such as a street car, to use a high degree of care, with all the means at hand, to avoid striking and injuring persons who are in or going into…