Pilcher v. Erny

The opinion of the court was delivered by

Smith, J.:

This was an action for damages alleged to have been sustained when the automobile in which plaintiff was a passenger collided with a truck that was parked on the street without lights. The action was against the driver of the car in which plaintiff was riding. Judgment was for the plaintiff. Defendant appeals.

The petition alleged that plaintiff had made a contract with defendant to take her from Hutchinson, Kan., to Stafford in his automobile; that he was in full charge of the machine and drove it so negligently that he drove it into the rear…