Deselms v. Combs

The opinion of the court was delivered by

Smith, J.:

This is an action for damages alleged to have been incurred when a truck driven by defendant’s agent collided with an automobile being driven by plaintiff at a street intersection. Judgment was for defendant, sustaining his demurrer to plaintiff’s evidence on the ground that it showed plaintiff to be guilty of contributory negligence as a matter of law. Plaintiff has appealed.

Plaintiff was the only witness as to the facts and circumstances surrounding the collision. He was driving south on Emporia street on December 4, 1944, at 1 o’clock in…