Koch v. Murphy

The opinion of the court was delivered by

Dawson, C. J.:

This was an action for damages for personal injuries sustained by plaintiff at the hands of one H. L. Thoele, the *989share-cropping tenant of a small tract of land owned by the defendant, Anna Murphy.

It appears' that in the crop season of 1937 the defendant Thoele occupied a forty-acre farm of Miss Murphy’s in Wyandotte county, on fourteen acres of which he had grown a crop of watermelons. On the evening of August 11, 1937, the plaintiff, Mrs. Leota Koch, of Kansas City, borrowed a small truck and drove it into the country, accompanied by…