Garrison v. Hamil

The opinion of the court was delivered by Plaintiff instituted an action against Hal R. Hamil and the St.
Louis and San Francisco Railway Company, to recover damages for
personal injuries and property damage. The defendant Hamil is not
involved in this appeal. The other defendant appeals from an
order overruling its general demurrer to plaintiff's petition.
The material portion of the petition, in substance, alleged: On December 2, 1952, plaintiff was traveling in a westerly
direction on East Thirteenth street in the city of Wichita to a
point where the St. Louis and San Francisco Railway Company
tracks crossed that street; she stopped her car in the north lane
of traffic in response to an electric or mechanical signal device
which was giving warning of an approaching train; a number of
cars had stopped ahead of her in the same lane; the warning
device was not operating correctly but she did not know the
reason therefor as it was under the exclusive control of the
railway company; she stopped her car at about the hour of 7:15
a.m.; when her car came to a standstill there was no automobile
immediately to the rear of her car; shortly thereafter the
defendant Hamil carelessly and negligently drove into the rear of
her car; Hamil was guilty of negligence in that he followed her
car too closely and at an excessive speed; he failed to obey the
warning device which was operating at the intersection; he failed
to keep a lookout in front of him; he failed to observe the
condition of the highway and he drove his car into the rear of
her car in utter disregard of such warning signal, resulting in
severe personal injuries and damage to her car.