Zeller v. Smyth
Zeller v. Smyth
Opinion of the Court
The opinion of the court was delivered by
This action arose from the collision of two automobiles in the intersection of George Washington Boulevard, an east and west street, and Indianapolis Avenue, a north and south street, in Wichita, where normally there was a stop sign on Indianapolis Avenue as it approached George Washington Boulevard from the north, which plaintiff alleged had been removed and not replaced by the defendant Frost. Plaintiff, driving east on George Washington Boulevard, sued Smyth, who was driving south on Indianapolis Avenue, for damages to his car and personal injuries as a result of the collision of the two cars in the intersection, and joined Frost as defendant, alleging that the negligence of the two of them resulted in his injury. Smyth filed an answer denying the acts of negligence alleged by plaintiff and alleging contributory negligence of plaintiff. He also filed a cross petition against both the plaintiff and Frost, in which he
We have examined the pleadings and find they contain numerous charges, counter-charges and denials. We think we should not attempt to determine the proximate cause of the collision in advance of the trial.
The judgment of the trial court is affirmed.
Reference
- Full Case Name
- Carl L. Zeller and Floyd F. Sears, a Copartnership doing business as Zeller Company v. J. W. Smyth (Defendant-Cross Petitioner), and Earl Frost (Defendant)
- Status
- Published