HILTNER v. KANSAS CITY

No. 45089.

293 S.W.2d 422 (1956)

Mary E. HILTNER, Appellant, v. KANSAS CITY, Missouri, and The Kansas City Public Service Company, Respondents.

Supreme Court of Missouri. Division No. 2.

Rehearing Denied September 10, 1956.


Attorney(s) appearing for the Case

Irving Achtenberg, Kansas City, for appellant.

Benj. M. Powers, City Counselor, J. L. Parks, Asst. City Counselor, Kansas City, for respondent Kansas City.

Charles L. Carr, Kansas City, for respondent Kansas City Public Service Co.


STOCKARD, Commissioner.

Upon motion by each defendant, plaintiff's second amended petition for damages in the amount of $35,000 was dismissed by the trial court for failure to state a claim upon which relief could be granted. Plaintiff has appealed.

The pertinent parts of plaintiff's petition, as stated by plaintiff in her brief and adopted as a correct statement by both defendants, are as follows:

"(a) Plaintiff, while standing within a streetcar...

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