Haines v. Carroll

*409The opinion of the court was delivered by

Hopkins, J.:

The action was one for damages sustained by the driver of an automobile when his car collided with another standing on an improved highway in the nighttime without lights. Plaintiff prevailed and defendant appeals.

The facts are substantially these: Plaintiff, who had been near Carbondale, was returning to Topeka about 1:15 a. m. July 22, 1926, on the Topeka avenue road. As he approached and crossed Twenty-seventh street, driving on the east or right-hand side of the paved slab, he discerned defendant’s automobile some fifty or sixty feet…