Smith v. Kansas City Public Service Co.

This appeal was first heard in Division Number 2 where an opinion was written by Commissioner. Cooley.. One judge concurring, another voting duhiiante and .the third judge being1 absent, tbe cause was transferred to Court en Banc, where it was heard and the divisional opinion adopted as the opinion of the Court en Banc. ' It appearing that error alleged in defendant’s motion for a new trial, but not presented in Division and therefore not dealt with in the opinion, was presented at this hearing en Banc, respondent’s motion for rehearing was sustained and after this rehearing the case came to…