RULE v. MITCHELL

Nos. 38,785, 38,786

173 Kan. 803 (1953)

252 P.2d 924

HOLLIS C. RULE, a minor by and through Albert B. Rule, his father, natural guardian and next friend, Appellee, v. WAYNE G. MITCHELL, Appellant. ALBERT B. RULE, Appellee, v. WAYNE G. MITCHELL, Appellant.

Supreme Court of Kansas.

Opinion filed January 24, 1953.


Attorney(s) appearing for the Case

J. Logan Shuss, of Parsons, argued the cause, and Earl Bohannon, of Parsons, was with him on the briefs for the appellant.

Herman W. Smith, Jr., of Parsons, argued the cause, and Elmer W. Columbia, and John B. Markham, also of Parsons, were with him on the briefs for the appellees.


The opinion of the court was delivered by

WERTZ, J.:

This is an appeal from an order of the trial court striking a portion of appellant's defense from his answers.

These two consolidated appeals arise out of actions brought by appellees (plaintiffs below), against Wayne G. Mitchell, appellant (defendant below), to recover damages resulting from an automobile collision. Two cars were involved, one being owned...

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