(DOWNLOAD) "Johnston, Administratrix v. Ecord" by Supreme Court of Kansas ~ Book PDF Kindle ePub Free
eBook details
- Title: Johnston, Administratrix v. Ecord
- Author : Supreme Court of Kansas
- Release Date : January 09, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
The opinion of the court was delivered by This is a negligence action in two counts brought by an administratrix. The first cause of action is for personal injury to plaintiff's decedent prior to death and for automobile damage, and the second is for wrongful death, both allegedly caused by negligence of defendant in a rear-end auto collision. The jury assessed damages for plaintiff on both causes after a directed verdict on the liability phase of the case and defendant appeals. Consideration of the liability feature requires a review of the evidence thereon. The decedent and defendant were the drivers of automobiles involved in a collision which occurred on a Saturday afternoon, August 19, 1961, on U.S. highway 54 in Wichita. Decedent died October 7, 1961. There were two witnesses on the issue of liability; an investigating police officer and defendant. West Kellogg avenue is a four lane divided highway with a medial strip of grass twenty-four feet wide between the eastbound and westbound lanes. The minimum speed limit is thirty-five and the maximum fifty miles per hour. Near the 1200 block on the north or westbound lanes on a downhill grade there is an exit for traffic for Seneca street, the exit being west of the crest of an overpass bridge for Seneca street. Further west there is an approach to Kellogg avenue from Seneca street, as reflected in photographs of the scene. Kellogg contains additional lanes for the use of exiting and entering traffic. According to the investigating officer the collision took place in the south or left westbound lane between the Seneca exit and the approach, the point of impact being fifty-four feet east of the east edge of the approach from Seneca street. Defendant's vehicle laid down sixty-one feet of skidmarks prior to impact and another twenty-three feet of skidmarks after impact. The officer testified there were no skidmarks he could relate to decedent's vehicle. He discussed the collision with both drivers, both signed written reports, and the officer further testified: