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SCHNEIDER v. STEWART

No. 38,020

170 Kan. 158 (1950)

223 P.2d 698

HELEN E. SCHNEIDER, Appellee, v. E.C. STEWART and O.H. STEWART, doing business as GLOBE CONSTRUCTION COMPANY, and EDWIN M. CURRY, Appellants.

Supreme Court of Kansas.

Opinion filed November 10, 1950.

Attorney(s) appearing for the Case

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

Claude E. Sowers, of Wichita, argued the cause, and was on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, J.:

This was an action for damages alleged to have been sustained when two automobiles collided at a street intersection. The trial court sustained defendants' demurrer to plaintiff's evidence and subsequently granted plaintiff a new trial. The defendants have appealed from the order granting a new trial.

The plaintiff alleged in her petition that about 4:20 p.m. she was driving an automobile east on...

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