Benton v. Kansas City

Viola Atchley as plaintiff obtained judgment on a jury's verdict against Kansas City in the sum of $2000 for personal injury alleged to be due to the negligence of defendant. The city duly appealed. Plaintiff died before the appeal was presented. Upon suggestion of death and by agreement of parties the case was revived by an order of this court in the name of the duly appointed administrator, as shown in the present caption of the case.

The points presented on appeal pertain solely to the alleged error of the court in refusing to give defendant's instruction in the nature of a demurrer to the…