Shrout v. Bird

The opinion of the court was delivered by

Dawson, J.:

The plaintiff was struck and run down by an auto delivery truck driven by defendant’s employee, and brought this action for damages.

The defense was a general denial and contributory negligence. ,

The cause was tried before a jury. Plaintiff’s evidence tended to show that the accident happened at an intersection of streets in Hutchinson. In that city Madison street runs north and south and First avenue runs east and west. Plaintiff resided on the north side of First avenue a short distance east of the intersection of First and Madison. On the…