Robinson v. Kansas City Public Service Co.

Plaintiff brought suit to recover $15,000 for personal injuries alleged to have been caused by the negligence of defendant's motorman. The verdict of the jury was for defendant. Plaintiff's motion for a new trial was sustained "on account of error in instructions" and defendant appealed.

Plaintiff alleged both primary and humanitarian negligence, but went to the jury on the humanitarian doctrine only. Defendant answered by a general denial and a plea of contributory negligence.

Defendant had double street car tracks in Grand Avenue, a north and south street, and in Tenth Street, an east and…