Frogge v. Kansas City Public Service Co.

*688The opinion of the court was delivered by

Hoch, J.:

The plaintiff, engaged in the business of transporting gasoline, sought to recover damages from a streetcar company for the loss of a truck and trailer destroyed by fire following collision .with a streetcar. The defendant appeals from an order overruling a motion to strike and to make definite and certain, and a demurrer to the petition. The primary question is whether the petition stated a cause of action.

Summarized, the allegations of the amended petition were that on the early afternoon of May 24, 1944, the driver of a tractor and…