Hauck v. Kansas City Public Service Co.

This is an action for damages for personal injuries to plaintiff and to an automobile owned by him. There was a verdict and judgment in favor of plaintiff in the sum of $2500, and defendants have appealed. There were two separate appeals but they have been consolidated in this court so that one opinion will dispose of the issues in both.

The casualty that gives rise to this action occurred shortly after nine p. m., on February 12, 1944, when plaintiff drove his automobile off of an abutment to the south of and adjacent to a trestle owned by the defendant, Kansas City Public Service Company.…