Rentfro v. Wheelock Bros., Inc.

SPERRY, Commissioner.

Plaintiffs are the owners of a home located on the southeast side of Argentine Boulevard, near tenth street, in Kansas City, Kansas. Defendant owned a tractor-trailer truck which was, on June 5, 1959, being operated by defendant’s servant in front of plaintiff’s home, northeasterly along Argentine, when a Chinese elm tree, located in the parkway in front of plaintiffs’ home,, was struck by the trailer. Plaintiffs sued defendant for $500 damages. Trial to the court resulted in findings and a judgment for defendant. Plaintiffs appeal.

Mr. Rentfro testified to the effect that…