(Download) "Drake v. Moore" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: Drake v. Moore
- Author : Supreme Court of Kansas
- Release Date : January 07, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The opinion of the court was delivered by This was an action to recover damages for the wrongful death of
plaintiff's husband. From a verdict and judgment in favor of
plaintiff, defendants appeal. Except as they define the issues, the pleadings are unimportant
and require little discussion. All that need be said respecting
them is that Rose Mae Drake, plaintiff (appellee), alleged that
on September 22, 1955, at approximately 7:15 p.m., her husband,
Earl Drake, was driving an automobile west on U.S. highway No. 50
North at an approximate speed of fifty miles an hour; that
through their agent, one Mr. Griffith, defendants (appellants)
L.W. Moore and L.W. Moore, Jr., d/b/a L.W. Moore & Son, were
operating a truck and crude-oil transport semi-trailer in the
same direction and on the same highway; that Griffith stopped
defendants' truck and trailer in the westbound lane of traffic in
such a manner as to obstruct traffic therein; that neither the
truck nor the semi-trailer had any taillights or clearance lights
burning, nor had flares or reflectors been set out either in
front of or behind the truck and trailer, as required by law;
that the rear end of the semi-trailer was a dark, drab and dirty
color, and stood high enough off the ground as to be above the
range of decedent Drake's lights so that he was unable to see the
truck or trailer until too close to stop the car in time to avoid
the collision; that by reason of the collision, plaintiff's
husband received injuries which resulted in his death the
following day. Plaintiff alleged the collision and resultant
death of her husband were proximately caused by the negligence of
defendants' employee in stopping the truck and trailer and
leaving them on the main traveled portion of the highway, when it
would have been practical to have driven the truck and trailer
off the highway prior to stopping thereon; and in failing to have
proper lights to the rear of the truck and trailer, as well as
clearance lights, lanterns or red reflectors, all as provided by
statute.
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