[Download] "Applegate v. Home Oil Co." by Supreme Court of Kansas " eBook PDF Kindle ePub Free
eBook details
- Title: Applegate v. Home Oil Co.
- Author : Supreme Court of Kansas
- Release Date : January 12, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The opinion of the court was delivered by This was an action for damages for personal injuries. The jury
answered special questions and returned a general verdict for
plaintiff. The defendants appeals from the orders of the trial
court overruling their demurrer to plaintiff's evidence; their
motion to strike answers to certain special questions; their
motion for judgment on the special findings; their motion for a
new trial, and from the order entering judgment for plaintiff. On November 16, 1954, Charles F. Applegate was driving his
automobile from Newton to Parsons, Kansas. Plaintiff, Katie L.
Applegate, his wife, was riding in the front seat with him. They
were proceeding east on State Highway 96 and about one and
one-half miles east of the Fall River Junction in Greenwood
County their car collided with the rear of defendant Home Oil
Company's tractor-semitrailer parked on the highway over the top
of a hill. Charles Applegate was killed and the plaintiff was
severely injured. The day was clear, the sun was shining, there
was some wind from the north, and the black top highway was dry.
The terrain in that vicinity is hilly. The top of the hill is a
plateau-like flat; the highway is practically level from the
point of impact for a distance of more than 300 feet to the west
and over 200 feet to the east, however there is a gradual slope
to the east, and in leaving the plateau there is a steep
downgrade. The highway is approximately twenty-five feet in
width, and the shoulders are narrow with deep ditches on each
side of the highway. Double yellow no-passing lanes were marked
in the center of the highway over the top of the hill.