Quail v. Kansas Power & Light Co.

The opinion of the court was delivered by

Harvey, J.:

This is an action for damages to an automobile alleged to have been caused by the negligence of defendant. The trial court sustained a demurrer to plaintiff’s evidence, and he has appealed.

The. evidence, briefly stated, is as follows: That on the evening of December 13, 1930, plaintiff, with his wife, was driving his car west on Tenth avenue in Topeka; that he had crossed Topeka boulevard; that in the first block west of Topeka boulevard on Tenth avenue there are grocery and drug stores facing south; that he observed lots of traffic — -“it…