CONRAD v. DILLINGER

No. 39,346

176 Kan. 296 (1954)

270 P.2d 216

JACK CONRAD, Appellee, v. WAYNE DILLINGER, Appellant.

Supreme Court of Kansas.

Opinion filed May 8, 1954.


Attorney(s) appearing for the Case

Elmer W. Columbia, of Persons, argued the cause, and John B. Markham, and Herman W. Smith, Jr., both of Parsons, and C.R. Stauffacher, of Columbus, were with him on the briefs for the appellant.

Jack L. Goodrich, of Parsons, and Sylvan Bruner, of Pittsburg, argued the cause, and L.M. Resler, and Morris Matuska, both of Pittsburg, and Joe L. Henbest, of Columbus, were with them on the briefs for the appellee.


The opinion of the court was delivered by

WERTZ, J.:

This is an appeal from a ruling of the trial court striking from appellant's answer a substantial portion of his defense.

Appellee Jack Conrad will be hereinafter referred to as plaintiff, and appellant Wayne Dillinger, as defendant. The pertinent portions of the pleadings may be summarized as follows:

The petition alleged that plaintiff was riding a saddle horse in an easterly direction...

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