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HUTCHENS v. McCLURE

No. 39,218

176 Kan. 43 (1954)

269 P.2d 473

HAL HUTCHENS, Appellee, v. FRANCIS D. McCLURE, Appellant.

Supreme Court of Kansas.

Opinion filed April 10, 1954.

Attorney(s) appearing for the Case

Philip H. Lewis, of Topeka, argued the cause, and T.M. Lillard, O.B. Eidson, James W. Porter and Charles S. Fisher, Jr., all of Topeka, and Charles S. Arthur, of Manhattan, were with him on the briefs for the appellant.

C. Harold Hughes, of Manhattan, argued the cause and Howard F. McCue, of Topeka, and Charles Hughes, of Manhattan, were with him on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, J.:

This was an action to recover damages alleged to have been sustained when a car driven by defendant collided with a trailer being towed behind a car driven by plaintiff. Judgment was for plaintiff. Defendant has appealed.

The petition alleged plaintiff was driving north on Highway 75 about 9 o'clock at night; that it was stormy and raining; he was pulling a trailer with tail lights and reflectors...

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