Moore v. Kansas City Railways Co.

The opinion of the court was delivered by

Mason, J.:

George W. Moore was the owner of an automobile truck which was run into by a street car, in Kansas City, Kan. He sued the company and recovered a judgment for the injury to the truck and the goods, with which it was loaded. The defendant appeals.

The principal question involved is whether (assuihing the motorman to have been negligent in running too fast in view of the traffic and surroundings, or in failing to use due effort to stop the car) the plaintiff is barred from recovery by the contributory negligence of the driver of the truck, in…