(DOWNLOAD) "Kaminski v. Kansas City Public Service Co." by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: Kaminski v. Kansas City Public Service Co.
- Author : Supreme Court of Kansas
- Release Date : January 07, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The opinion of the court was delivered by This is an action to recover damages alleged to have been sustained by plaintiff when a bicycle upon which she was riding was struck by a bus driven by a driver for The Kansas City Public Service Company. Both the driver and the company were named defendants. After their motion to require the plaintiff to make her petition more definite and certain had been overruled defendants demurred to plaintiff's petition on the ground that it did not state facts sufficient to constitute a cause of action. This demurrer was overruled. Defendants have appealed. After describing the parties, the petition alleged that plaintiff was riding her bicycle south on the street about four to six feet east of the curbing on the west side of the street and defendants' bus was being driven south on the same street in the rear of plaintiff; that as plaintiff went into an intersection there was a collision between the bus and the bicycle and plaintiff was injured. The negligence of defendants was dangerous speed, no control, failure to turn to right or left, frightening plaintiff by the size, noise and proximity of the bus, and failure of the driver to sound his horn, and attempting to pass plaintiff and her bicycle at an unsafe distance, considering all the circumstances. These allegations were stated in some nine different paragraphs but the above is a general summarization.