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HUBBARD v. ALLEN

Nos. 37,831, 37,840

168 Kan. 695 (1950)

215 P.2d 647

ELDON E. HUBBARD, Appellee, v. O.H. ALLEN, Appellant.

Supreme Court of Kansas.

Opinion filed February 28, 1950.

Attorney(s) appearing for the Case

Bert J. Vance, of Garden City, argued the cause, and Wm. Easton Hutchison, C.E. Vance, Clifford R. Hope, and A.M. Fleming, all of Garden City, were with him on the briefs for the appellant.

Daniel R. Hopkins, of Garden City, argued the cause, and Logan N. Green and Roland H. Tate, both of Garden City, were with him on the briefs for the appellee.

The opinion of the court was delivered by

THIELE, J.:

This was an action for damages sustained in a collision of two trucks. Defendant appeals from a judgment in favor of the plaintiff. For convenience we shall throughout the opinion refer to the parties as they appeared in the court below.

Briefly stated, the petition alleged that plaintiff, in the daytime, was driving his truck, which was equipped with a rotary water drill, westwardly on a highway...

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