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IN RE ESTATE OF CARRELL

No. 40,975

183 Kan. 491 (1958)

327 P.2d 883

In the Matter of the Estate of Wilbert Carrell, deceased. (HAROLD R. TRAMMELL, II, Appellant, v. LILLIAN CARRELL, Administrator, Appellee.)

Supreme Court of Kansas.

Opinion filed July 16, 1958.

Attorney(s) appearing for the Case

Robert S. Lomax, of Wichita, argued the cause, and Fred J. Gasser, of Wichita, was with him on the briefs for appellant.

Donald R. Newkirk, of Wichita, argued the cause, and Hugo T. Wedell, Homer V. Gooing, Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Robert J. Hill, Gerrit H. Wormhoudt, Philip Kassebaum and John E. Rees, all of Wichita, were with him on the briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

The action was one to recover damages for personal injuries sustained in an automobile collision on U.S. Highway No. 85-87, south of Colorado Springs, Colorado. The petition alleged that the claimant, Harold R. Trammell II, was a paying passenger and that the driver, Wilbert Carrell, was guilty of negligence in enumerated particulars. The jury answered a special question, and returned a verdict in favor...

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