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DIRKS v. GATES

No. 40,820

182 Kan. 581 (1958)

322 P.2d 750

De ANNA DIRKS, a Minor, by OSCAR DIRKS, Her Father and Next Friend, Appellee, v. GALEN GATES, a Minor, by EDWIN GATES, His Father and Next Friend, Appellant.

Supreme Court of Kansas.

Opinion filed March 8, 1958.

Attorney(s) appearing for the Case

James P. Mize, of Salina, argued the cause, and C.L. Clark and Tom Lillard, Jr., both of Salina, were with him on the briefs for the appellant.

Jerry M. Ward of Great Bend, argued the cause, and S.R. Blackburn, Tudor W. Hampton, and J.W. Hannah, all of Great Bend, were with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal from a final judgment in favor of a guest against the host driver of an automobile within the purview of G.S. 1949, 8-122b.

The guest, appellee, will be referred to as plaintiff and the host driver, appellant, as defendant. There is no question concerning the pleadings and they will not be summarized except to say they show the action to be within the purview of the commonly termed...

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