City of Fort Scott v. Peck

This action was brought by C. G. Peck, as administrator of the estate of his son, D. O. Peck, deceased, under section 4518, General Statutes of 1889, against the City of Fort Scott and the Kansas City, Fort Scott & Memphis Railroad Company, jointly, to recover damages which said plaintiff alleged he had sustained by reason of the death of his son.

At about three o’clock A. M., on November 30, 1890, D. O. Peck was driving an omnibus going east on Third Street in Fort Scott, taking a passenger from the Missouri, Kansas & Texas Railroad depot. The vehicle was nine feet two inches in height. Over…