Fox v. McCormick

The opinion of the court was delivered by

Mason, J.:

A collision occurred at the intersection of Tenth street and Morris avenue in Topeka, between a Ford car driven east on Tenth street by its owner, W. B. Fox, and a truck driven north on Morris avenue by an employee of 0. McCormick. Fox sued McCormick on the ground that the collision was due to the negligence of his driver and recovered a judgmént from which this appeal is taken.

A street-car track occupies the middle of Tenth street east of the place referred to and at that point turns south along Morris avenue, approaching the southeast…