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NICHOLS v. NOLD

Nos. 38,951 and 38,959

174 Kan. 613 (1953)

258 P.2d 317

JUDY ANN NICHOLS, a Minor, by FRANKIE NICHOLS, Her Next Friend, Natural Guardian and Mother, Appellee, v. ED E. NOLD, an Individual, doing business as Pepsi-Cola Bottling Company; DAVE ELSEY, an Individual, doing business as Mission-Orange Bottling Company, and PHIL D. WHITEMAN, an Individual, doing business as Phil's Market, Appellants.

Supreme Court of Kansas.

Opinion filed June 6, 1953.

Attorney(s) appearing for the Case

C.E. Vance, of Garden City, argued the cause, and A.M. Fleming, Bert J. Vance, and C.R. Hope, Jr., all of Garden City, were with him on the briefs for the appellant, Ed E. Nold.

Geo. R. Gould, of Dodge City, argued the cause, and George R. Gould, Jr., of Dodge City, was with him on the briefs for the appellant, Dave Elsey.

James W. Wallace, of Scott City, argued the cause, and D.B. Lang, of Scott City, was with him on the briefs for the appellant, Phil D. Whiteman.

Payne H. Ratner, of Wichita, argued the cause, and Ora D. McClellan, Louise Mattox, Payne H. Ratner, Jr., Gerald L. Michaud, Russell Cranmer, Dale B. Stinson, Jr., and Starr Calvert, Jr., all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

This was an action for damages for personal injuries alleged to have resulted from the negligence of defendants. The defendants have appealed from orders of the court overruling their respective demurrers to plaintiff's third amended petition.

The petition in question may be summarized as follows: The plaintiff and her mother, as next friend, reside in Scott City. The defendant, Ed E. Nold, resides...

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