Gardner v. Pereboom

The opinion of the court was delivered by This is an appeal from a judgment in an action for damages for personal injuries to a passenger resulting from a collision of two automobiles at a street intersection. The case has been here before on a question of consolidation. (Gardner v. Pereboom, 194 Kan. 231, 398 P.2d 293.) As the chief controversy presented in this appeal involves the propriety of the action of the trial court in taking the question of defendant's negligence, proximate cause of the injury and plaintiff's contributory negligence from the jury, only the facts most favorable to the defendant need be presented for consideration. We note the following rules of law controlling the consideration of the evidence on these issues. A question of fact may not be taken from the jury where reasonable minds might reach different conclusions from the evidence. (Lackey v. Price, 190 Kan. 648, 378 P.2d 19; Johnston v. Gann, 193 Kan. 102, 391 P.2d 1016.) This is true although the evidence is weak and inconclusive. On considering a directed verdict on any issue of fact the trial court does not weigh conflicting evidence or consider the preponderance of evidence in favor of the moving party. All evidence must be considered in the light most favorable to the opposing party. (Toole v. Johnson, 195 Kan. 88, 402 P.2d 823; White v. Rapid Transit Lines, Inc., 192 Kan. 802, 391 P.2d 148; Albin v. Munsell, 189 Kan. 304, 369 P.2d 323; Henderson v. Kansas Power & Light Co., 184 Kan. 691, 339 P.2d 702.)