White v. Rapid Transit Lines, Inc.

The opinion of the court was delivered by

Hatches, C.:

This is an appeal from a verdict and judgment rendered in an action for damages resulting from a motor vehicle collision at a street intersection.

There is no dispute as to the pleadings. The facts may be summarized.

The plaintiff, Robert C. White, was returning home from work on the evening of December 27, 1960, at about 6:40 P. M. in the city of Wichita, Kansas. Freezing rain or mist had been falling. He turned left on 31st Street South and proceeded south on Everett Street approaching the intersection at 33rd Street.

At the same time a Mr.…