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STROUD v. McCUSKER

No. 39,086

175 Kan. 257 (1953)

263 P.2d 260

AUSE STROUD, Appellee and Cross-appellant v. LESLIE McCUSKER and ALBERT CARRIGER, Appellants and Cross-appellees.

Supreme Court of Kansas.

Opinion filed November 7, 1953.

Attorney(s) appearing for the Case

Wm. P. Thompson, of Wichita, argued the cause, and Harrison Smith, of Garden City, and A.W. Hershberger, J.B. Patterson, Richard Jones, H.E. Jones, and Jerome E. Jones, of Wichita, were with him on the briefs for the appellants and cross-appellees.

Paul R. Kitch, of Wichita, argued the cause, and A.E. Kramer and Bernard E. Nordling, of Hugoton, and Howard T. Fleeson, Homer V. Gooing, Wayne Coulson, Dale M. Stucky, Donald R. Newkirk, Gerrit H. Wormhoudt, and Theodore C. Geisert, of Wichita, were with him on the briefs for the appellee and cross-appellants.

The opinion of the court was delivered by

THIELE, J.:

The present appeal and cross-appeal arise from rulings sustaining demurrers to evidence. Plaintiff filed his petition alleging that about 8:50 a.m. on November 14, 1951, he was driving his Ford truck north on a designated highway and had entered the intersection with an east and west highway when defendant McCusker, driving his Chevrolet truck in a westward direction, negligently and carelessly drove his...

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