[Download] "Bottenberg Implement Co. v. Sheffield" by Supreme Court of Kansas * eBook PDF Kindle ePub Free
eBook details
- Title: Bottenberg Implement Co. v. Sheffield
- Author : Supreme Court of Kansas
- Release Date : January 07, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The opinion of the court was delivered by This was an action to recover damages sustained by plaintiff
when its truck collided with a semitrailer truck owned by the
defendants. Plaintiff prevailed and defendants appeal. Briefly stated and as disclosed by the pleadings as finally
framed, the plaintiff alleged that on April 7, 1949, at 10:30
P.M. defendants who were driving a semitrailer truck south on
U.S. Highway No. 75 north of Holton, Kansas, negligently stopped
their truck on the highway and negligently failed to place flares
or warning signals to the rear of the truck to indicate its
position on the highway, and that the stop lights and clearance
lights on their truck were not properly lighted and were covered
with a tarpaulin or canvas, and that the driver of plaintiff's
truck, by reason of such negligence, was unable to see
defendants' truck and as a result plaintiff's truck struck
defendants' truck, causing the damages for which recovery was
sought. Defendants' answer denied their negligence and alleged
negligence of plaintiff's driver in failing to maintain a
lookout, in driving at a high and unreasonable rate of speed, in
failing to keep his truck under control, in driving without
adequate lights and brakes and in failing to turn aside when
there was ample time to do so and room for plaintiff's truck to
pass without a collision.