State Ex Rel. Burger v. Trimble

Plaintiff challenges the opinion of the Kansas City Court of Appeals in Gurgher v. Niedorp, 50 S. W. (2d) 174, as in conflict with decisions of this court. As a guest, she was riding in an automobile owned and driven by defendant. In “rounding” a curve, the automobile overturned and plaintiff was injured. There was evidence tending to show a speed' of fifty miles an hour, and evidence tending to show a speed of twenty-five miles an hour. The charging part of the petition follows:'

“That the defendant at said time and place carelessly and negligently failed to-exercise the highest degree of…