ZELLER v. SMYTH

No. 37,962

170 Kan. 49 (1950)

223 P.2d 737

CARL L. ZELLER and FLOYD F. SEARS, a Copartnership doing business as ZELLER COMPANY, Plaintiffs, v. J.W. SMYTH (Defendant-Cross Petitioner), Appellee, and EARL FROST (Defendant), Appellant.

Supreme Court of Kansas.

Opinion filed November 10, 1950.


Attorney(s) appearing for the Case

Donald R. Newkirk, of Wichita, argued the cause, and Howard T. Fleeson, Homer V. Gooing, Wayne Coulson, Paul R. Kitch, and Dale M. Stucky, all of Wichita, were with him on the briefs for the appellant.

Arnold C. Todd, of Wichita, argued the cause, and D. Emmett Foley, of Wichita, was with him on the briefs for the appellee.


The opinion of the court was delivered by

HARVEY, C.J.:

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...

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