BARKER v. ZECKSER

No. 40,074

179 Kan. 596 (1956)

296 P.2d 1085

KING S. BARKER, Appellee, v. ROGER A.W. ZECKSER, KENNETH MILLER and EMPLOYERS MUTUAL CASUALTY COMPANY, a Corporation, Appellants.

Supreme Court of Kansas.

Opinion filed May 5, 1956.


Attorney(s) appearing for the Case

David H. Fisher, of Topeka, argued the cause, and Donald Patterson, of Topeka, was with him on the briefs for the appellants.

William Hergenreter, of Topeka, argued the cause, and Wendell L. Garlinghouse and Warren W. Shaw, both of Topeka, were with him on the briefs for the appellee.


The opinion of the court was delivered by

PARKER, J.:

This was an action, commenced within one year from the date of the accident, to recover damages for personal injuries and property damage sustained by the plaintiff in a collision between two motor vehicles on a public highway. The appeal is from an order sustaining plaintiff's motion to strike portions of the defendants' answer.

The amended petition is not in controversy and need only be detailed...

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