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KITZEL v. ATKESON

No. 38,674

173 Kan. 198 (1952)

245 P.2d 170

EDNA KITZEL, a minor child, by EWALD KITZEL, her next friend and father, Appellee, v. ROBERT ATKESON and LEE IRVIN ATKESON, a minor, Appellants.

Supreme Court of Kansas.

Opinion filed June 7, 1952.

Attorney(s) appearing for the Case

J.W. Lowry, of Atchison, argued the cause, and Elmer E. Reital and Price Shoemaker, both of St. Joseph, Mo., and Steadman Ball and Edmund L. Page, both of Atchison, were with him on the briefs for the appellants.

Robert A. Reeder, of Troy, argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

THIELE, J.:

This was an action to recover damages for injuries sustained in an automobile accident. The defendants demurred to the plaintiff's third amended petition, later called the petition, and their demurrer being overruled, they have appealed.

The allegations of the petition are summarized. Plaintiff alleged that she and the defendant Lee Irvin Atkeson were students enrolled in Severance High School;...

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