Whitcomb v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Harvey, J.:

This is an appeal from an order overruling a demurrer to the petition in an action for damages for personal injuries. So far as is necessary to be considered here, the petition alleges:

“That on or about the 26th day of March, 1927, on or about 8:30 p. m. of said day, it being after night and dark, he was riding as a guest in a Buick automobile owned and driven by the defendant Vick Haney; that said defendant Vick Haney was driving said automobile out of the city of Harvey-ville, Kan., towards the city of Topeka, Kan.; that said Vick Haney…