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FOSMIRE v. KANSAS CITY

No. 43205.

260 S.W.2d 252 (1953)

FOSMIRE v. KANSAS CITY.

Supreme Court of Missouri, Division No. 1.

July 13, 1953.

Attorney(s) appearing for the Case

Morris Dubiner, Robert E. Gregg, Thomas E. Hudson, Hudson, Whitcraft & Cavanaugh, Kansas City, for appellant.

David M. Proctor, City Counselor, John J. Cosgrove, Associate City Counselor, Kansas City, for respondent.

VAN OSDOL, Commissioner.

This is an action for $12,500 damages for personal injuries alleged to have been sustained by plaintiff in tripping over a rail of the streetcar track on Broadway at the intersection of Broadway and Eighth Streets in Kansas City. A jury returned a verdict for defendant, City of Kansas City, and plaintiff has appealed from the ensuing judgment.

Defendant-respondent, City of Kansas City, has moved to dismiss the appeal on the asserted...

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