State Ex Rel. Thym v. Shain

This is a certiorari proceeding, wherein relator seeks to quash the record and opinion of the Kansas City Court of Appeals in the case of Drake v. Thym, reported in 97 S.W.2d 128, on the theory that in the opinion the court construed certain evidence and declared a rule of law in conflict with controlling decisions of this court.

Drake, the plaintiff in that case, sued Thym to recover damages for personal injuries alleged to have been sustained as the result of a collision between a motorcycle, on which plaintiff was riding, and an automobile driven by the defendant. Drake obtained a judgment…