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WENDEL v. CHICAGO, ROCK ISLAND & PACIFIC RLY. CO.

Nos. 37,975, 37,992

170 Kan. 68 (1950)

223 P.2d 993

PAUL E. WENDEL, Appellant, v. THE CHICAGO, ROCK ISLAND AND PACIFIC RAILWAY COMPANY, Appellee. DEL W. BICKETT, Appellant, v. PAUL E. WENDEL, Appellee.

Supreme Court of Kansas.

Opinion filed November 10, 1950.

Attorney(s) appearing for the Case

Harold E. Doherty, of Topeka, argued the cause, and G. Clay Baker, of Topeka, was with him on the briefs for the appellant in case No. 37,992.

Marion Beatty, of Topeka, argued the cause, and Harry K. Allen, L.M. Ascough, John K. Corkhill, all of Topeka, and Arthur C. Popham, E.E. Thompson, Arthur C. Popham, Jr., Sam Mandell and S. David Trusty, all of Kansas City, Mo., were with him on the briefs for the appellee in case No. 37,992 and for appellant in case No. 37,975.

Mark L. Bennett, of Topeka, argued the cause, and Clayton M. Davis, of Topeka, was with him on the briefs for the appellee in case No. 37,975.

The opinion of the court was delivered by

SMITH, J.:

These two appeals arise out of petitions and cross petitions filed to recover damages alleged to have been sustained by various parties when a rail motorcar, which some of the parties refer to as an electric handcar, being operated on the tracks of the Chicago, Rock Island and Pacific Railway Company, collided with an automobile being operated on the public highway at a point where the railway tracks cross...

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