In Re Estate of Cross

The opinion of the court was delivered by

Parker, C. J.:

This action originated in the probate court with the filing of a petition, in the nature of a claim, to recover damages from the estate of a decedent for personal injuries alleged to have been sustained by the plaintiff (claimant), Alyce M. West, when a motor vehicle driven by the decedent, Otis E. Cross, collided with the rear-end of her automobile at the approach to a street intersection in the city of Wichita on the afternoon of April 30, 1957. Pursuant to a request, included in the petition, the cause, as authorized by statute (G. S.…