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PHILLIPS v. MARES

No. 39,913

178 Kan. 642 (1955)

290 P.2d 815

ARTHUR PHILLIPS, Appellee, v. JAMES MARES, Appellant.

Supreme Court of Kansas.

Opinion filed December 10, 1955.

Attorney(s) appearing for the Case

Richard M. Driscoll, of Russell, argued the cause and Jerry E. Driscoll and O.G. Rouse, both of Russell, were with him on the briefs for the appellant.

Robert J. Dole, of Russell, and Edgar M. Miner, of Hays, argued the cause and were on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, J.:

This was an action for damages alleged to have been sustained by one riding in an automobile against the driver and owner of it. The appeal is from an order overruling defendant's demurrer to plaintiff's petition.

An amended petition alleged that on a date named plaintiff was injured as a result of negligent acts of defendant; that plaintiff and defendant with a third party in an automobile owned...

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