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KELLY v. KANSAS CITY PUBLIC SERVICE COMPANY

No. 47461.

335 S.W.2d 159 (1960)

Gerald R. KELLY, Respondent, v. KANSAS CITY PUBLIC SERVICE COMPANY, a Corporation, and Harold B. Backer, Appellants.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer Denied May 9, 1960.

Attorney(s) appearing for the Case

Ima M. Goehring, E. E. Thompson, Kansas City, Popham, Thompson, Popham, Trusty & Conway, Kansas City, of counsel, for appellants.

John P. Zimmerman, Kansas City, Rufus Burrus, Independence, for respondent.

Motion for Rehearing or to Transfer to Court en Banc Denied May 9, 1960.

BARRETT, Commissioner.

The plaintiff, Gerald R. Kelly, driving a 1956 Plymouth station wagon north on Prospect Avenue passed through the lightcontrolled intersection of 27th Street and by reason of a "traffic jam" at 26th Street stopped with the traffic ahead opposite 2619 Prospect, just behind a Sears delivery truck. While he was thus stopped a Kansas City Public Service Company trolley...

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