John Olson and Carter-Waters Corporation v. James Maxwell

PICKETT, Circuit Judge.

This action arose out of a collision between two automobiles at an intersection of country roads in Rice County, Kansas. The case was tried without a jury and the court found for the plaintiff. The defendant contends here that the plaintiff was guilty of contributory negligence as a matter of law.

Prior to the collision, plaintiff was traveling north at approximately 45 miles per hour; defendant was traveling west at a speed which the court found to be approximately 75 miles per hour. 1 As plaintiff approached the intersection, his view to the east was obstructed by a…