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DAVISON v. EBY CONSTRUCTION CO.

No. 38,322

172 Kan. 411 (1952)

241 P.2d 689

CHARLES L. DAVISON, an Incompetent Person, by J.O. WILSON, Guardian of his Estate, Appellant, v. THE MARTIN K. EBY CONSTRUCTION COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed March 8, 1952.

Attorney(s) appearing for the Case

Donald R. Newkirk, of Wichita, argued the cause, and Hal M. Black, Howard T. Fleeson, Homer V. Gooing, Wayne Coulson, Paul R. Kitch, and Dale M. Stucky, all of Wichita, were with him on the briefs for the appellant.

Charles E. Jones, of Wichita, argued the cause, and Mark H. Adams, William I. Robinson, J. Ashford Manka and Orval L. Fisher, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WEDELL, J.:

Plaintiff appeals from an adverse judgment rendered in an action to recover damages for personal injuries.

For the purpose of convenience and clarity we shall continue to refer to the parties as plaintiff and defendant.

This is the second chapter of this case on appeal. The first appeal was perfected by the defendant before trial and involved legal questions presented by a challenge of pleadings...

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