Lee ex rel. Gilbert v. Kansas City Public Service Co.

The opinion of the court was delivered by

Dawson, J.:

The plaintiff, a minor, brought this action by next friends to recover damages for injuries sustained in a collision between a street car and a milk wagon which occurred at a street intersection in Kansas City on a wintry morning before daylight in January, 1931.

The defendant the Meyer Sanitary Milk Company was engaged in the distribution of milk. It owned teams and milk wagons and hired drivers to deliver milk throughout the city. With the knowledge and acquiescence of the milk company these drivers had a custom of hiring boys to accompany…