Quail v. Kansas Power & Light Co.

The opinion of the court was delivered by

Dawson, J.:

This was an action for damages to plaintiff’s automobile when defendant’s streetcar collided with it on a Topeka street some six years ago.

The case was here before to review an adverse ruling on the sufficiency of plaintiff’s evidence to sustain his cause of action. (Quail v. Kansas Power & Light Co., 137 Kan. 478, 21 P. 2d 332.)

It will presently suffice to say that as plaintiff was proceeding westward on Tenth street in his automobile, at about ten miles per hour, defendant’s streetcar overtook him and in the collision which followed the…