Fitzgerald v. Thompson

This is an action for damages for personal injuries. Plaintiff recovered a verdict and judgment in the sum of $3500, and defendant has appealed.

The facts show that plaintiff was injured on July 1, 1940, when the automobile, in which she was riding, ivas struck by one of defendant’s eastbound trains, at First and Main Streets, in Ottawa, Kansas. Plaintiff, with the object of possibly purchasing the automobile, which she was driving, had procured it from the dealer and had driven it about six blocks prior to the collision. She had owned an automobile before and was an experienced driver. She…