Peterie v. Metropolitan Street Railway Co.

Defendant operated a double track electric railway between Kansas City and Independence. At a public road crossing tbereon, one of defendant’s cars struck an empty lumber wagon driven by plaintiff, throwing it to one side and severely- injuring plaintiff. He sued for damages on the ground that the injuries were caused by the negligence of defendant under the humanitarian rule. The jury found in favor of plaintiff and defendant appealed.

The collision occurred on the afternoon of February 26, 1910. The county road, at the point in question, is macadamized and runs east and west. The two tracks…