Ater v. Culbertson

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal from a verdict and judgment for the plaintiff in an automobile collision case.

The primary question presented is whether the special findings of the jury establish contributory negligence on the part of the plaintiff as a matter of law.

The collision out of which this lawsuit results occurred in Bourbon County, Kansas, on July 9, 1958. The plaintiff (appellee) was operating a 1950 G. M. C. 1 ton pick-up truck. The defendant Culbertson, employed by defendant Snyder (appellants), was driv ing a 1951 Ford 2-ton truck. It was…