DOMANN v. PENCE

No. 40,961

183 Kan. 135 (1958)

325 P.2d 321

EVELYN DOMANN, Appellee, v. CHARLES PENCE and WILLIAM MOON, Appellants.

Supreme Court of Kansas.

Opinion filed May 10, 1958.


Attorney(s) appearing for the Case

J.W. Lowry, of Atchison, argued the cause, and James F. Swoyer, Sr., and James F. Swoyer, Jr., both of Oskaloosa, Gordon K. Lowry, of Valley Falls, Steadman Ball, William E. Stillings and Robert D. Caplinger, all of Atchison, were with him on the briefs for the appellants.

Harold E. Doherty, of Topeka, argued the cause, and William C. Leech, of Oskaloosa, was 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 personal injuries sustained in a collision of two automobiles at a blind rural intersection. Judgment was for plaintiff, and defendants have appealed.

There is really very little, if any, dispute as to the facts. Briefly summarized, they are as follow:

At about 9:30 on the morning of July 29, 1954, plaintiff, who lived with her husband and children on a farm...

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