H. R. Russell v. John C. Kotsch

In this action plaintiff sought to recover damages from defendant in the sum of $100,000 for personal injuries received in
a collision between his station wagon and defendant's automobile. Upon motion of defendant, plaintiff's employer, American
Bilt Rite Rubber Company of Chelsea, Massachusetts, was made a third-party defendant and defendant thereafter filed a counterclaim
against plaintiff and the third-party defendant in which he sought to recover damages for his personal injuries in the sum
of $100,000. (That pleading is referred to as a counterclaim although, as to the third-party defendant, it should be designated
a cross claim.) A trial resulted in a verdict for defendant on plaintiff's claim, and a verdict in favor of plaintiff and
the third-party defendant on defendant's counterclaim. Plaintiff has appealed from the adverse judgment on his claim. Defendant
did not appeal from the judgment against him on his counterclaim. The collision in question occurred at about 9 a.m. on April 12, 1958. Plaintiff was midwest sales manager for the American
Bilt Rite Rubber Company and on that morning was enroute from Omaha, Nebraska to Kansas City, Missouri in one of his employer's
station wagons. The collision occurred on U.S. Highway 36, which runs generally east and west, at a point about three miles
east of Troy, Kansas, and approximately 14 miles west of St. Joseph, Missouri. This heavily traveled highway was 24 feet wide
and at the point of collision was slightly upgrade toward the east. The casualty occurred at the east driveway entrance into
a tract of land on the south side of the highway owned by Chester Doro. Mr. Doro had started to build a house on this tract
and had constructed a circular driveway from the highway onto his land with east and west entrances approximately 180 feet
apart. The east driveway angled somewhat to the southwest. A road entered the highway from the north at a point 175 feet east
of said east driveway. The defendant owned land in that area but at the time lived in St. Joseph. On the morning in question
defendant and his wife left St. Joseph in their automobile and drove west on Highway 36 to the vicinity in question because
defendant wanted to talk with Mr. Doro. When they were a short distance from the point of collision defendant's wife told
him that Mr. Doro was at the building site and defendant then turned his car toward the southwest in order to proceed across
the highway and into the east driveway. As his car was entering the driveway it was struck on the right side by the station
wagon plaintiff was driving. The occupants of each car sustained serious injuries.