GIBBS v. MIKESELL

No. 40,942

183 Kan. 123 (1958)

325 P.2d 359

MARVIN K. GIBBS, Appellee, v. GORDON S. MIKESELL, Appellant.

Supreme Court of Kansas.

Opinion filed May 10, 1958.


Attorney(s) appearing for the Case

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

Marion P. Mathews, of Winfield, argued the cause, and Lawrence E. Christenson and W.R. Mathews, of Winfield, were with him on the briefs for appellee.


The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal from a ruling of the lower court overruling defendant's demurrer to plaintiff's second amended petition which pleads a cause of action in common law negligence and, in the alternative, a cause of action under the doctrine of last clear chance.

The fundamental question presented is whether the plaintiff in alleging the doctrine of last clear chance in the second amended petition...

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