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KREY v. SCHMIDT

No. 38,513

172 Kan. 319 (1952)

240 P.2d 153

DONALD KREY, a minor by his father and next friend, Arcey Krey, Appellee, v. FRANCIS J. SCHMIDT, HAROLD POPP, doing business as H.M. POPP TRUCK LINE OF HAYS, KANSAS, and COMMERCIAL STANDARD INSURANCE CO., OF FORT WORTH, TEXAS, Appellants.

Supreme Court of Kansas.

Opinion filed January 26, 1952.

Attorney(s) appearing for the Case

Homer V. Gooing, of Wichita, argued the cause, and Howard T. Fleeson, Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, and George W. Holland, all of Wichita, and S.R. Blackburn and Tudor W. Hampton, both of Great Bend, were with him on the briefs for the appellants.

Evart Garvin, of St. John, argued the cause, and Robert Garvin and Morris Garvin, both of St. John, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WEDELL, J.:

Plaintiff, a minor, instituted this action by his father and next friend to recover damages for personal injuries sustained in a collision between two motor vehicles. Plaintiff prevailed and the defendants appeal.

Appellee was Donald Krey, the driver of a Ford automobile. He was accompanied by another minor, Leo Hall. Appellants are Francis J. Schmidt, the driver of the other vehicle, Harold Popp...

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