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MAYES v. NUTTER

No. 39,825

178 Kan. 385 (1955)

285 P.2d 1092

DIXIE MAYES, Appellee, v. ORMA RUTH NUTTER, Appellant.

Supreme Court of Kansas.

Opinion filed July 6, 1955.

Attorney(s) appearing for the Case

E. Edward Johnson, of Topeka, argued the cause and Harry W. Colmery and James E. Smith, both of Topeka, were with him on the briefs for the appellant.

Charles S. Fisher, Jr., of Topeka, argued the cause and Thomas M. Lillard, O.B. Eidson, Phil H. Lewis, James W. Porter and Sidney C. Hunt, all of Topeka, were with him on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, J.:

This is an action for injuries alleged to have been sustained on account of the separate and concurring negligence of the defendant appellant and another defendant. Both of these defendants were driving automobiles in an easterly direction on the highway and a collision occurred between one of them and a car being driven by plaintiff. The appeal is from an order overruling the demurrer of the driver of one...

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