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STRANGE v. PRICE AUTO & SERVICE CO.

Nos. 37,544, 37,625

169 Kan. 98 (1950)

218 P.2d 208

WALTER STRANGE, JR., Appellee, v. PRICE AUTO & SERVICE CO., a Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed May 6, 1950.

Attorney(s) appearing for the Case

John F. Eberhardt, of Wichita, argued the cause, and George Siefkin, George B. Powers, Samuel E. Bartlett, Carl T. Smith, Stuart R. Carter, Thomas E. Woods and Robert C. Foulston, Jr., all of Wichita, were with him on the briefs for the appellant.

Ora D. McClellan, of Wichita, argued the cause, and Payne H. Ratner, Louise Mattox and Mearle D. Mason, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, J.:

This was an action to recover damages to an automobile damaged in a fire while in defendant's garage where plaintiff had left it to be repaired. The appeal is from an order overruling defendant's demurrer to plaintiff's evidence and from the action of the trial court in discharging the jury and entering final judgment against defendant.

The petition, after the formal allegations, alleged ownership...

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