Thomas v. Kansas City Elevated Railway Co.

The opinion of the court was delivered by

Burch, J.:

We have here the question whether the plaintiff used ordinary care in attempting to cross a street-car track in front of a moving car, with which he collided to his injury, the court of common pleas having sustained a demurrer to his evidence in an action for damages against the street-car company.

*336This is the story: The plaintiff was aboard a car going north on Sixth street, in Kansas City. The car stopped for the discharge of passengers at the north side of Ann avenue, which extends east and west across Sixth street. The plaintiff alighted…