Bootee v. Kansas City Public Service Co.

Action for $10,000 damages for personal injuries alleged to have been sustained on account of the negligence of defendant. The jury returned a verdict for defendant and judgment was entered accordingly. Plaintiff has appealed.

On June 19, 1942, at about 12:30 A.M., while plaintiff was crossing 15th street at or near Woodland avenue in Kansas City, he was struck and injured by one of defendant's trolley buses. Plaintiff's petition charged both primary and humanitarian negligence, but the cause was submitted solely on humanitarian negligence in failing to stop the trolley bus, slacken its speed…