Scott v. Bennett

The opinion of the court was delivered by This was an action for damages resulting from an automobile
collision. The jury returned a general verdict in favor of
plaintiff and answered special questions. Upon defendant's motion
one of the answers was set aside and judgment was entered for
defendant and for costs, notwithstanding the general verdict.
Plaintiff has appealed. On the afternoon of October 29, 1954, plaintiff was hauling
grain from a field located just south of U.S. Highway 50 and east
of a county road intersecting with such highway. He was driving a
1953 Ford truck approximately sixteen feet in length and loaded
with 150 to 200 bushels of maize. He drove out of the field about
200 feet south of the intersection in question and proceeded
north on the county road, intending to turn west at the highway.
He noticed some cars approaching from the west on the highway at
high speed. He stopped his truck at a stop sign at the south edge
of the highway and then proceeded into the intersection at a low
speed. After pulling into the intersection plaintiff saw the car
driven by defendant at approximately the same time the front
bumper of his truck reached the center line of the highway.
Observing
[181 Kan. 411]