West v. Jack Cooper Transport Co.

ANDREW JACKSON HIGGINS, Special Justice.

This is a suit for damages for personal injuries submitted under the Kansas Last Clear Chance Doctrine. Judgment was for plaintiff for $15,000.00, and defendants have appealed.

On May.23,1958, plaintiff was operating a Plymouth- station wagon northbound in the east lan.e,of U. S. Highway 69, This highway was- an asphalt or “blacktop” road. There had been rain .during the day. There was some dirt on the roadway and it was wet and slick. As plaintiff drove northward and at a point about 21/2 miles south of Stanley, Kansas, the road was downgrade. It curved…