In Re Estate of Erwin

The opinion of the court was delivered by

Thiele, J.:

This was a proceeding originally commenced in the probate court, under which the petitioner sought to establish a demand against a decedent’s estate. The proceeding was certified to the district court and the trial there resulted in a judgment against the petitioner, who has appealed to this court.

In a preliminary way it may be stated that on January 25, 1948, one Noel Erwin, traveling alone, was driving a Studebaker truck north along a highway in Labette county; at the same time Leon Richardson was driving south along the same highway in a…