Downey v. Kansas City Gas Co.

Plaintiff sued to recover damages claimed to have been sustained by him while in the employment of defendant, due to the latter's negligence. He recovered judgment for $1,500 from which defendant appealed to the Kansas City Court of Appeals. That court first rendered a decision reversing the judgment but, on rehearing, by a decision in which only two of the three judges concurred, affirmed it. Upon request of the dissenting judge, who deemed the decision in conflict with certain prior decisions of the other two Courts of Appeals, the court, pursuant to the constitutional mandate, certified…