Gardner v. Leighton

The opinion of the court was delivered by

Dawson, J.:

This is an appeal from a judgment for damages oh account of personal injuries sustained by plaintiff in a collision of motor vehicles on a public road.

A township highway runs east and west at some distance west of Salina. An abandoned railway grade crosses this highway diagonally from southeast to northwest. This old railway grade constitutes a slight ridge which is covered with grass, scrubby trees, and brushwood. At the intersection of' the township road and the old railway grade the traveled width of the highway is about twelve feet, and…