Smith v. City of Kansas City

*519The opinion of "the court was delivered by

West, J.:

The city appeals from a judgment recovered by the plaintiff for damages caused by being trampled while in the employ of the city caring for horses used in connection with its fire department. He alleged that he was 65 years old and was making $2 a day. The injury was on February 15, 1916, and on the 24th of March, thereafter, he drew $33.75 and signed a paper called a final receipt, for which he alleges there was no consideration, as the amount paid him was only a part of the compensation due. He also pleaded inadequacy, fraud, and mutual…