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SMITH v. BLAKEY, ADMINISTRATOR

No. 46,940

213 Kan. 91 (1973)

515 P.2d 1062

CHERYL K. SMITH, Appellee, v. JAMES L. BLAKEY, Administrator, substituted for Dorothy I. Cropp, deceased, Appellant.

Supreme Court of Kansas.

Opinion filed November 3, 1973.

Attorney(s) appearing for the Case

Robert L. Howard, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause, and Darrell L. Warta, of the same firm, James P. Mize, of Clark, Mize, Linville & Miller, Chartered, of Salina, and Robert L. Bates, of Great Bend, were with him on the brief for the appellant.

Raymond L. Dahlberg, of Turner, Chartered, of Great Bend, argued the cause, and Lee Turner, of the same firm, was with him on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

In this case the plaintiff-driver of an automobile sued the defendant-owner of the automobile for personal injuries arising out of a one-car accident allegedly caused by failure of a defective tire. The case was tried to a jury and the plaintiff recovered a substantial verdict. On appeal, defendant presents eight points which we will consider in the order submitted...

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