OLSON v. MAXWELL

No. 5999.

263 F.2d 182 (1959)

John OLSON and Carter-Waters Corporation, Appellants, v. James MAXWELL, Appellee.

United States Court of Appeals Tenth Circuit.

January 22, 1959.


Attorney(s) appearing for the Case

Charles L. Davis, Jr., Addington, Jones, Davis & Haney, Topeka, Kan., for appellants.

Charles S. Fisher, Jr., Lillard, Eidson, Lewis & Porter, Topeka, Kan., and Arthur C. Hodgson, Lyons, Kan., for appellee.

Before BRATTON, Chief Judge, and PICKETT and LEWIS, Circuit Judges.


PICKETT, Circuit Judge.

This action arose out of a collision between two automobiles at an intersection of country roads in Rice County, Kansas. The case was tried without a jury and the court found for the plaintiff. The defendant contends here that the plaintiff was guilty of contributory negligence as a matter of law.

Prior to the collision, plaintiff was traveling north at approximately 45 miles per hour; defendant was traveling west at a speed which the...

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