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EMMERICH v. KANSAS CITY PUBLIC SERVICE CO.

No. 39,574

177 Kan. 443 (1955)

280 P.2d 615

BESSIE EMMERICH, Appellee, v. KANSAS CITY PUBLIC SERVICE COMPANY, a Corporation, CLARENCE E. FALCONER and ALLEEN I. FALCONER, Partners Doing Business as Falconer Furniture Company, Appellants.

Supreme Court of Kansas.

Opinion filed March 5, 1955.

Attorney(s) appearing for the Case

E.M. Boddington, Jr., of Kansas City, argued the cause, and Edw. M. Boddington, and J.O. Emerson, of Kansas City, and Charles L. Carr, of Kansas City, Missouri, were with him on the briefs for appellant Kansas City Public Service Company.

Leonard O. Thomas, of Kansas City, argued the cause, and Arthur J. Stanley, Arthur J. Stanley, Jr., J.E. Schroeder, and Lee E. Weeks, all of Kansas City, were with him on the briefs for appellants Clarence E. Falconer and Alleen I. Falconer.

John E. Shamberg, of Kansas City, argued the cause, and Joseph Cohen, Charles S. Schnider, Thomas E. Joyce, Joseph P. Jenkins, and Norma Braly, all of Kansas City, and Gordon K. Lowry, of Valley Falls, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This was an action wherein plaintiff sought to recover damages from two alleged joint tort-feasors for personal injuries sustained while riding as a passenger in a streetcar. She prevailed and defendants appeal.

Appellee Bessie Emmerich will be hereinafter referred to as plaintiff, appellant Kansas City Public Service Company as defendant transit company, and appellants Clarence E. Falconer and Alleen...

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