Kern v. Kansas City, Leavenworth & Western Railway Co.

The opinion of the court was delivered by

Marshall, J.:

The plaintiff recovered a judgment in the sum of $12,500 for damages sustained by him from being knocked down by an electric interurban railroad car operated by the defendant. The defendant appeals.

The plaintiff’s evidence established that the defendant was operating a line of electric railroad from the Soldiers’ Home'in Leavenworth county to and into the city of Leavenworth; that the plaintiff desired to get on a car going from the Soldiers’ Home to the city, and for that purpose went, in the nighttime, to a stopping place on the railroad…