KANSAS CITY PUBLIC SERVICE CO. v. McMULLIN

No. 2865.

142 F.2d 116 (1944)

KANSAS CITY PUBLIC SERVICE CO. v. McMULLIN.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied May 15, 1944.


Attorney(s) appearing for the Case

E. S. McAnany, of Kansas City, Kan. (Charles L. Carr, of Kansas City, Mo., and Thos. M. Van Cleave and McAnany, Alden & Van Cleave, all of Kansas City, Kan., on the brief), for appellant.

A. J. Herrod, of Kansas City, Kan., for appellee.

Before PHILLIPS and HUXMAN, Circuit Judges, and RICE, District Judge.


HUXMAN, Circuit Judge.

Appellee, John Floyd McMullin, instituted this action against appellant, the Kansas City Public Service Company, a corporation, in the District Court of the United States for the District of Kansas, to recover damages resulting from an automobile collision. Judgment was rendered for appellee.

The points presented for review are that there is complete failure of proof to establish negligence on the part of appellant, that in any event...

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