MacKey v. Queen City Wood Works & Lumber Co.

The plaintiff recovered a judgment in the trial court on a petition alleging personal injuries sustained and damage to a bicycle occasioned by a collision with one of defendant’s trucks on Campbell street in the city of Springfield, Mo. There were two grounds of negligence pleaded. First, violation of a city ordinance requiring that a signal he given with the hand when a vehicle is to be turned in the street. The second ground, which was not submitted to the jury by instruction, was on the last chance doctrine.

It is not urged here that the plaintiff failed to 'make a case under the evidence.…