McRae v. Missouri Pacific Railroad

The opinion of the court was delivered by

Harvey, J.:

This is an action for damages for personal injuries. The jury answered special questions and returned a general verdict for plaintiff. The defendant appealed from the order of the court overruling its motion for judgment on the special findings and entering judgment for plaintiff.

One day in August, 1922, Frank B. Fulkerson was driving an automobile from Wichita to Haven. Mildred McRae, about five years of age, her brother, sister, and aunt were riding in the back seat as guests of the driver and having no control over his operation of the…