Schmidt v. Kansas City Western Railway Co.

(dissenting) r I am unable to agree to an affirmance of the judgment in this case. It is true the jury answered “No” to the question: “Was considerable force required in removing the plaintiff from- said car?” This is in direct conflict with the evidence of *505plaintiff’s witnesses, one of whom testified that he took hold of everything he could get his hands on, and held on, and the evidence conclusively shows that he persisted in his resistance until he was forcibly put off the car, and that it required the combined efforts of both the conductor and motorman to remove him. Other answers of the…