Cox v. Kellogg's Sales Co.

The opinion of the court was delivered by

Dawson, C. J.:

Richmond A. Cox and Theodore Cox, father and son, filed these actions for damages against defendants for injuries sustained in a collision of motor vehicles on a public highway.

On the evening of October 29, 1935, after nightfall, plaintiffs were riding as guests of one Ludy in a small Ford truck on the paved highway (U. S. 50-S) a few miles east of Emporia. Ludy drove the truck and Theodore Cox rode in the cab by his side. Richmond Cox rode in the bed of the truck with his back leaning against an iron bar at the rear of the cab. En route…