O'Connell v. Lusk

The opinion of the court was delivered by

Bur'ch, J.:

The action was one for damages for personal injuries sustained by plaintiff when she was struck by defendant’s automobile. Plaintiff recovered, and defendant appeals.

Defendant contends he was without fault, and plaintiff was guilty of contributory negligence. In a narrative apparently intended to take the place of an abstract of the testimony, defendant states the accident occurred under a railroad viaduct in the city of Wichita, on a roadway given over to vehicular traffic, and not at a street-crossing. Plaintiff abstracts testimony showing…