¶1(dissenting): I find myself unable to agree with the opinion of the majority. The petition alleged that defendant was driving at the rate of thirty-five miles an hour; that while driving at that rate he took his eyes off the road and continued to drive at the same rate until he struck the culvert, a distance of seventy-five feet, with his eyes off the road all the time. The fact that he was driving fast enough that a collision with the culvert had the disastrous consequences that are pleaded in the petition is enough to convince me that the act of continuing the speed, together with the act *381of taking his eye off the road, comes within the characterization of reckless disregard of consequences, which the courts have held was necessary to constitute wanton negligence.
139 Kan. 378
Sayre v. Malcom
Decided April 7, 1934
Supreme Court of Kansas · decided 1934-04-07
Good law ✅— No negative treatment on recordhow we know
Decided 1934-04-07
How this case has been cited
Cited by 27 later decisions — most recently June 1952 · most notably Gallegher v. Davis (1936), In Re Estate of Wright (1951)
27 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
View the full empirical analysis of this case →