Metropolitan Street Railway Co. v. Summers

The opinion of the court was delivered by

Mason, J.:

Luther M. Summers recovered a judgment against the Metropolitan Street Railway Company for damages sustained in consequence of a streetcar running into a wagon in which he was crossing the track on Kansas avenue, in Kansas City, Kan., and the company prosecutes error. The principal contentions *343made are that a demurrer to the evidence should have been sustained, and that the evidence did not warrant the instructions that were given.

One ground of negligence relied on was the running of the car at a dangerous rate of speed. There was evidence…