Jewel Tea Co. v. Kansas City Public Service Co.

The opinion of the court was delivered by

Johnston, C. J.:

This action was brought by the Jewel Tea Company to recover damages from the Kansas City Public Service Company for injuries sustained by plaintiff, which resulted from a collision of its truck and one of defendant’s street cars near the intersection of Forty-sixth street and Prospect avenue in Kansas City, Mo., and also for damages to Charles Cleveland, its employee, driving the truck, for which $1,000 additional was asked.

It was the contention of the defendant that plaintiff’s driver was guilty of contributory negligence, as a matter…