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KREY v. SCHMIDT

No. 37,981

170 Kan. 86 (1950)

223 P.2d 1015

DONALD KREY, a Minor, by his Father and Next Friend, Arcey Krey, Appellee, v. FRANCIS J. SCHMIDT, HAROLD POPP, doing business as H.M. Popp Truck Line of Hays, Kansas, and COMMERCIAL STANDARD INSURANCE COMPANY, of Fort Worth, Texas, Appellants.

Supreme Court of Kansas.

Opinion filed November 10, 1950.

Attorney(s) appearing for the Case

Donald R. Newkirk, of Wichita, argued the cause, and S.R. Blackburn, Tudor W. Hampton, and Ed. R. Moses, of Great Bend, and Howard T. Fleeson, Homer V. Gooing, Wayne Coulson, Paul R. Kitch, and Dale M. Stucky, of Wichita, were with him on the briefs for the appellants.

Robert Garvin, Evart Garvin, and Morris Garvin, all of St. John, were on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

Plaintiff, a minor, brought this action through his father to recover damages for personal injury caused by the negligent operation of defendant's truck, joining as parties defendant the driver, Schmidt, the owner, Popp, and the insurance carrier. Amendments were filed to the original petition to comply with portions of defendants' motion to make definite and certain sustained by the court. Subsequently...

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