Atkins v. Bayer

The opinion of the court was delivered by

Harman, C.:

In this damage action arising from a rear-end automobile collision plantiff Tommy C. Atkins appeals from a judgment rendered against him upon an adverse jury verdict.

Plaintiff, defendant Robert P. Bayer, defendant’s wife who was his passenger, and an investigating police officer were witnesses at the trial on the liability aspect of the case. Their testimony, viewed as it must be in the light most favorable to the prevailing party in the trial court, revealed the following: West Kellogg street on U. S. Highway 54 in Wichita is a four-lane…