(DOWNLOAD) "Ward v. Dwyer" by Supreme Court of Kansas " Book PDF Kindle ePub Free
eBook details
- Title: Ward v. Dwyer
- Author : Supreme Court of Kansas
- Release Date : January 11, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The opinion of the court was delivered by This is an action for damages alleged to have been sustained
when plaintiff had alighted from an automobile being driven by
defendant. Judgment was for the defendant, sustaining an
objection of defendant to the introduction of any evidence by the
plaintiff following plaintiff's opening statement and sustaining
defendant's demurrer to plaintiff's amended petition and opening
statement, and from an order giving defendant judgment upon the
opening statement. The petition alleged that on the day in question plaintiff was
a pay passenger riding with other pay passengers in defendant's
automobile from Manhattan to Ft. Riley and that she and other
passengers were each paying $2.00 per week, and she had been such
pay passenger for two or three months. The petition also stated
there was a cinder path leading out from the building to which
she was destined to the roadway; that on the morning in question
defendant had been driving faster than usual and drove about 15
feet past that path; that there was a deep ditch beside the
roadway and defendant drove the car almost to the edge of the
ditch and stopped for plaintiff to alight; that the wind was
blowing hard so that the clothing of a woman alighting from the
car would be greatly disarranged, thereby making it difficult to
alight from the right-hand side of the car, which was headed
west; that as she alighted she found the car too close to the
ditch to permit her to step from it; that she did not have more
than a foot or 18 inches clearance between the side of the car
and the edge of the ditch; that before she could clear the car
and while her clothing was yet in the doorway, the door was
closed, catching her fur coat between the edge of the door and
the car body; that defendant, without permitting plaintiff to
clear the car, drove off and dragged her approximately 15 to 25
feet until her coat was torn loose. Her injuries were then
described. The petition further stated that her injuries were the
direct, proximate and immediate and legal result of defendant's
negligence in the following respects: