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HOME INSURANCE CO. v. BOEHM

Nos. 38,094, 38,095

170 Kan. 593 (1951)

228 P.2d 514

THE HOME INSURANCE COMPANY, Successor by Merger to the Baltimore-American Insurance Company, a Corporation, Appellee, v. MARK E. BOEHM and HARVEY LAMAR, Appellants. JOHN W. HEALZER, doing business as HEALZER CARTAGE COMPANY, Appellee, v. MARK E. BOEHM and HARVEY LAMAR, Appellants.

Supreme Court of Kansas.

Opinion filed March 10, 1951.

Attorney(s) appearing for the Case

Herbert L. Lodge, of Olathe, argued the cause, and Howard E. Payne, of Olathe, was with him on the briefs for the appellants.

Leonard E. Thomas, of Kansas City, argued the cause, and Arthur J. Stanley, Arthur J. Stanley, Jr., J.E. Schroeder, and Lee E. Weeks, all of Kansas City; Chauncey B. Little, of Olathe, Dan Boyle, of Kansas City, Mo., and Eugene G. Wetzel, of Overland Park, were with him on the briefs for the appellees.

The opinion of the court was delivered by

SMITH, J.:

These two cases grow out of a collision between a truck of the Healzer Cartage Company being driven in one direction on a highway and a tractor and car being driven from the opposite direction. The appeal is from an order granting plaintiffs new trials on the question of damages only. The defendants have appealed. The actions were consolidated in the trial court and were submitted together here.

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