McQuary v. Quincy, Omaha & Kansas City Railroad

A car in which respondent was riding as a passenger left the track and rolled down an embankment, and he was injured. This is an appeal from a judgment for $22,500 in his favor.

The petition alleges the occurrence of the wreck and the injuries respondent suffered and the causal connection between the two. The answer was a general denial. In beginning his opening statement counsel for appellant told the jury he and his client could not account for the wreck "and therefore we are not going to account for it, so the only thing left for you in this is, how much should this man receive. That is all…