Theno v. Cuthbertson

*234The opinion of the court was delivered by

Johnston, C. J.:

This case was tried by the court without a jury. Findings and judgment were in favor of the plaintiff. Defendants have appealed.

Plaintiff in his second petition alleged that he was the owner of a filling station, which was situated in Paola at the intersection of Peoria street and highway No. 7. Highway No. 7 was a main street running north and south. Peoria street ended half a mile beyond the intersection on the east. The Cuthbertsons were in the milk business and delivered milk twice a day.

At the time of the collision Doctor Morrison…