Brugh v. Albers

The opinion of the court was delivered by

Dawson, J.:

Plaintiff brought this action to recover damages for the death of her husband, who was killed on a winter morning before daylight when his automobile ran into the rear end of defendant’s truck, which was standing on a public highway a few miles north of Wichita.

It appears that on February 27, 1932, one Sandlin, employee of defendant, had started out of Wichita with a truckload of merchandise. About twelve miles north of the city he ran out of gasoline, and left his truck standing on the paved highway while he went in search of motor fuel.…