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SMITH v. STEADMAN

No. 40,256

180 Kan. 417 (1956)

304 P.2d 553

ARTHUR M. SMITH, Appellee, v. BARBARA STEADMAN and HERBERT RAFLER, Appellants.

Supreme Court of Kansas.

Opinion filed December 8, 1956.

Attorney(s) appearing for the Case

Harold S. Herd, of Coldwater, argued the cause and was on the briefs for the appellants.

Robert M. Baker, of Ashland, argued the cause, and Duane Hamilton, Henry D. Edwards and Montell L. Dunn, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This was an action to recover for property damage and personal injuries sustained in an automobile collision. Defendants' demurrer to the amended petition was overruled and they have appealed.

The question involved is whether the amended petition shows plaintiff to have been guilty of contributory negligence as a matter of law, thus barring recovery.

From its allegations it appears that as...

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