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GREEN v. HIGBEE

No. 39,418

176 Kan. 596 (1954)

272 P.2d 1084

JAMES GREEN, Appellant, v. THOMAS HIGBEE, Appellee.

Supreme Court of Kansas.

Opinion filed July 6, 1954.

Attorney(s) appearing for the Case

William Hergenreter, of Topeka, argued the cause, and Wendell L. Garlinghouse, Warren W. Shaw, and Fred Carman, all of Topeka, were with him on the briefs for the appellant.

James D. Waugh, of Topeka, argued the cause, and James A. McClure, Robert L. Webb, Ralph W. Oman, Philip E. Buzick, and Robert A. McClure, all of Topeka, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WEDELL, J.:

The plaintiff appeals from an order sustaining a demurrer to his evidence in an action involving a collision of motor vehicles in a rural intersection.

The only material testimony was that of appellant. It, in substance, was:

The collision occurred on the morning of October 8, 1951; he was driving a 1950 Ford one ton truck; the day was clear and...

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