Drennan v. Pennsylvania Casualty Co.

The opinion of the^court was delivered by

Hoch, J.:

This appeal is from an order overruling defendant’s demurrer to plaintiff’s evidence in an automobile-collision case and from the judgment for plaintiff. Defendant stood upon the demurrer and offered no evidence. The only question presented is whether under the evidence, plaintiff was guilty of contributory negligence as a matter of law.

On the night of August 21, 1944, Frank Drennan, the appellee, together with his wife, was driving west on a main highway a few miles east of Dodge City. Just after passing a car approaching from the west, the…