Lotta v. Kansas City Public Service Co.

* NOTE: Opinion filed at September Term, 1937, January 4, 1938; motion for rehearing filed; motion overruled April 1, 1938; motion to transfer to Court en Banc filed; motion overruled at May Term, 1938, May 26, 1938. This is an action for damages for the wrongful death of plaintiffs' minor son, who was run over by a street car. Suit was brought against both the street car company (Kansas City Public Service Company) and the owner (Christian Rasmussen) who was also the driver of the truck in which the boy was riding. The trial court submitted the case against the Public Service Company solely…