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GUTHRIE v. POWELL

No. 39,871

178 Kan. 587 (1955)

290 P.2d 834

FANNIE HOPE GUTHRIE, Appellee, v. J.C. POWELL and RICHARD V. WOODDELL, Appellants.

Supreme Court of Kansas.

Opinion filed December 10, 1955.

Attorney(s) appearing for the Case

J.A. Herlocker, of Winfield, argued the cause, and Harry O. Janicke and Warren D. Andreas, both of Winfield, were with him on the briefs for J.C. Powell, appellant.

G.D. McSpadden, of Winfield, argued the cause and was on the briefs for Richard V. Wooddell, appellant.

Frank G. Theis, of Arkansas City, argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

This is an action for damages for personal injuries. Each of the defendants demurred to the petition upon the ground that it did not state facts sufficient to constitute a cause of action. These demurrers were considered by the court and overruled. Defendants have appealed.

The real question in the case is whether the petition discloses such facts and circumstances as justify plaintiff in recovering...

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