Legal Opinion · Dissent

Haga v. Moss, Administrator

Supreme Court of Kansas

Decided May 11, 1957No. 40,348Published

1DissentSchroeder, J.

In my opinion the plaintiff, Arley D. Haga, the appellant herein, has established by his evidence contributory negligence which was a proximate cause of the collision as a matter of law.

All of the evidence in this case presented by the plaintiff was in the nature of physical facts and circumstances, since there were no eye witnesses. The plaintiff himself by reason of a brain injury incurred a retrograde amnesia which impaired his recollection of the circumstances surrounding the collision in which he received his injury.

The factual situation presented by the record is important in this…

2Cases cited7 opinions

  1. DeGraw v. Kansas City & Leavenworth Transportation Co.Supreme Court of Kansas · 1951
  2. Bottenberg Implement Co. v. SheffieldSupreme Court of Kansas · 1951
  3. Krey Ex Rel. Krey v. SchmidtSupreme Court of Kansas · 1952
  4. Most v. HolthausSupreme Court of Kansas · 1951
  5. Beecher v. StepanianSupreme Court of Kansas · 1950

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