Smithers v. Barker

This is an action for damages for personal injuries sustained in an automobile collision. Judgment was for plaintiff for $5000. Defendant appealed to the Kansas City Court of Appeals which affirmed the judgment. Upon dissent by one of the judges thereof, the case has been certified here in accordance with the provisions of Section 6, Amendment of 1884 to Article VI of our Constitution. [See 97 S.W.2d 121, for these opinions.]

Plaintiff alleged primary negligence charges of defendant's failure to warn, failure to keep his automobile under reasonable control, and excessive speed, and also…