Deardorf v. Shell Petroleum Corp.

The opinion of the court was delivered by

Sloan, J.:

This was an action to recover damages growing out of an automobile accident. The plaintiff prevailed, and the defendants appeal.

On the night of February 16, 1931, the plaintiff was driving his car north on highway No. 81 about ten miles south of Wichita. The weather was misty, and it was necessary to keep the windshield wiper going. The lights on the car were in good condition and focused on the pavement about ninety feet ahead of the car. He was driving at about thrity-five miles an hour and could stop his car in twenty-five or thirty feet.…