(Download) "Knoche v. Meyer Sanitary Milk Co." by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: Knoche v. Meyer Sanitary Milk Co.
- Author : Supreme Court of Kansas
- Release Date : January 05, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
The opinion of the court was delivered by This was an action by the plaintiff to recover damages for
injuries sustained by her in a collision between the defendant's
truck and an automobile driven by her. She prevailed and the
defendant appeals. For present purposes it may be said that in her petition on
which the cause was tried, the plaintiff alleged that about noon
on March 4, 1950, she was driving an automobile south on Mahaney
Road, an established highway in Wyandotte County, at a point
approximately 500 feet south of State Highway No 5, and at that
time Funk, an employee of the defendant, was in charge of
defendant's milk truck which was parked headed in a southeasterly
direction in a private driveway leading to the east from Mahaney
Road, and that as she approached the entrance of that driveway
and had reached a point directly opposite that entrance, Funk
suddenly and without warning operated the truck backward and in a
northwesterly direction into and against the automobile driven by
plaintiff, causing her severe, permanent and painful injuries;
that the collision and her injuries were caused solely and
proximately by the negligence of the defendant and its agent in
failing (a) to stop the truck to avoid the automobile plaintiff
was driving; (b) to stop, slow down or turn aside to avoid the
collision when the defendant should have known the collision was
imminent; (c) to sound a horn or give any signal of intention
to back from the driveway into Mahaney Road; (d) to see the
plaintiff's automobile when by the exercise of reasonable care
and caution it could have been seen; (e) to yield the right of
way to plaintiff; and (f) in driving the truck into Mahaney
Road without first looking to observe whether other traffic was
approaching the private driveway so closely as to constitute an
immediate hazard. We shall not at this time detail allegations of
injuries sustained. She prayed for a judgment of $25,000.