Adam Hat Stores, Inc. v. Kansas City

HUNTER, Judge.

Adam Hat Stores, Inc., plaintiff-respondent herein, sued the City of Kansas City for property damage to certain of its merchandise in the sum of $3,812.49 resulting from a break in the City’s water main located in the public street in front of plaintiff’s store where the merchandise was kept. The cause was submitted to the jury under the res ipsa loquitur doctrine, and the jury returned its verdict for defendant. Thereafter, the trial court granted a new trial because of its alleged error in denying plaintiff’s counsel the right to comment on the failure of defendant to call as…