Weber v. Wilson

The opinion of the court was delivered by

Fatzer, J.:

This was an action to recover for personal injuries resulting from an automobile collision with a bicycle ridden by a twelve-year-old boy.

At the trial the plaintiff presented evidence that he was struck and injured by the defendant’s automobile when he rode his bicycle onto a black top county highway adjacent to the city of Emporia. At the close of the plaintiff’s case the defendant interposed her demurrer upon the ground that the plaintiff’s evidence failed to show any negligence on her part and that it established contributory negligence…