Wabash Railroad Company v. Dannen Mills, Inc.

HYDE, J.-

[927] -Plaintiff sued for damages to its Diesel'unit caused by a collision with defendants’ truck. Defendant Dannen Mills counterclaimed for damages to the truck "and defendant Bunch counterclaimed for personal injuries. Verdict and judgment was for plaintiff for $764.50 and against defendants on the counterclaims. Both defendants appealed;

The Kansas City Court of Appeals affirmed the judgment (Wabash R. Co. v. Dannen Mills, 279 S. W. (2d) 50); but on defendants’ application we transferred the case because of the ruling by the Court of Appeals that defendants did not make a jury case…