Peterson v. Fleming

— This is an action in damages for alleged false arrest and malicious prosecution. At the time of the occurrence out of which this action grew, defendants were the duly appointed and acting receivers of the Kansas City Railways Company.

On June 27, 1924, between midnight and one o’clock A. M., employees of defendants in charge of a tower truck were crossing the Paseo on Ninth street going west, at a speed estimated at fifteen to twenty miles per hour. The night was dark and rain was falling. The Paseo is a wide avenue running north and south, and crosses Ninth street at right angles. The Paseo…