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CLARK v. TICEHURST

No. 39,420

176 Kan. 544 (1954)

271 P.2d 295

LARRY EUGENE CLARK, a Minor, by WILLIAM E. CLARK, His Father and Next Friend, Appellee, v. MARSHALL R. TICEHURST, Administrator of the Estate of Roy Ticehurst, Deceased, doing business as Kaw Valley Oil Company, Appellant.

Supreme Court of Kansas.

Opinion filed June 12, 1954.

Attorney(s) appearing for the Case

Herbert A. Marshall, of Topeka, argued the cause, and Allen Meyers, Philip C. Gault, Doral H. Hawks, T.M. Lillard, O.P. Eidson, Philip H. Lewis, and James W. Porter, all of Topeka, were with him on the brief for the appellant.

David Prager, of Topeka, argued the cause, and Edward Rooney, Jacob A. Dickinson, and William W. Dimmitt, Jr., all of Topeka, were with him on the brief for the appellee.

The opinion of the court was delivered by

THIELE, J.:

This was an action to recover for personal injuries alleged to have resulted from defendant's negligence.

The defendant's demurrer to plaintiff's petition was overruled and defendant has appealed. We here note that subsequent to the filing of the action the defendant died and that the action against him was revived against his administrator.

So far as need be noticed it was alleged in the...

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