Flaharty v. Reed

The opinion of the court was delivered by

Smith, J.:

This is an action for damages alleged to have been sustained by plaintiff when a car left standing on a highway by defendant was struck by another car and driven against plaintiff.

This is the second time this case has been before this court. In the first case the trial court overruled defendant’s demurrer to the petition and the defendant appeáled and we affirmed the judgment of the lower court. (See Flaharty v. Reed, 167 Kan. 319, 205 P. 2d 905.)

The petition alleged federal highway No. 160 extended west from the city of Pittsburg, Kan.; was…