98 Kan. 759 | Kan. | 1916
The plaintiff recovered judgment for damages for injuries to himself and to his horse and wagon. The defendant appeals.
The plaintiff and his son were driving home from Humboldt in a spring wagon drawn by a team of horses. The plaintiff was driving in the traveled way on the left side of a macadamized road. The defendant, with his family, was driving in an automobile on the same side of the road and going in the same direction at what was, under the circumstances, a high and dangerous rate of speed. It was in the nighttime and dark. The front lights of the defendant’s automobile were out. The side lights were burning and he could see fifty or sixty feet in front of him. The engine was not working properly and was making a noise. The plaintiff did not have time to turn to the right after he heard the defendant’s automobile coming, before it struck the plaintiff’s wagon. The defendant, when he saw that the plaintiff was not going to turn to the right, attempted to turn to the right and pass the plaintiff, but struck the right hind wheel of the wagon with the left front fender of the automobile, overturned the wagon, threw the plaintiff out and frightened his horses and caused them to run away.
The judgment is affirmed.