Gardner v. Pereboom

The opinion of the court was delivered by

Hatcher, C.:

This is an appeal from a judgment in an action for damages for personal injuries to a passenger resulting from a collision of two automobiles at a street intersection. The case has been here before on a question of consolidation. (Gardner v. Pereboom, 194 Kan. 231, 398 P. 2d 293.)

As the chief controversy presented in this appeal involves the propriety of the action of the trial court in taking the question of defendant’s negligence, proximate cause of the injury and plaintiff’s contributory negligence from the jury, only the facts most…