Davis v. Kansas City Public Service Co.

BARRETT, C.

[ 680] This action for personal injuries by a passenger against a carrier was submitted upon t'he hypothesis of the relationship and circumstances from which the jury could reasonably draw the inference that the plaintiff’s injuries were caused by the negligence of the defendant. While the evidence of the parties was in conflict on the issue of negligence it is now tacitly admitted that the plaintiff made a submissible case. The jury assessed the plaintiff’s damages at $12,000.00 but the trial court required a remittitur of $4,000.00 and the carrier appeals from the final judgment…