Southwest Missouri Electric Railway Co. v. Fry

Citations

• 71 Kan. 736
• 81 P. 462
• 1905 Kan. LEXIS 221

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Street-railways — Injury to Infant — Petition Sufficient to Sustain Verdict. In an action by the parents to recover damages for the death of a minor child, caused by being run over by a street-car, a petition that avers that the child came to his death by the defendant’s employees’ “carelessly, negligently, recklessly and wantonly running the car upon and over” the body of the child, instantly killing him, is sufficient in its allegations to sustain a verdict for damages, notwithstanding a special finding that the injury was not inflicted through the “reckless and wanton neglect of the defendant’s employees in charge of the car.”</p>