Supreme Court of Kansas March 9, 1912, No. 17,334 (Sparks v. Fitzgerald)

'The opinion of the court was delivered by

Johnston, C. J.:

Nova M. Sparks, who alleges that she was thrown out of her surrey and injured because ■of the negligent operation of an automobile by F. W. Fitzgerald, brought this action to recover damages. *629The injury was received in Butler county, where the action was brought, while Fitzgerald resided and was served with summons in Allen county.