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ANDREWS v. HEIN

No. 41,093

183 Kan. 751 (1958)

332 P.2d 278

CLYDE ANDREWS, Appellant, v. MARTIN HEIN and PAUL HEIN, d/b/a THE HEIN BROS. BODY & FENDER WORKS, Appellees.

Supreme Court of Kansas.

Opinion filed December 6, 1958.

Attorney(s) appearing for the Case

Otto J. Koerner, of Wichita, argued the cause, and Benj. F. Hegler, Lee R. Meador and Thomas A. Bush, all of Wichita, were with him on the briefs for the appellant.

Pat Warnick, of Wichita, argued the cause, and Roy L. Rogers and Alan B. Phares, both of Wichita, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, C.J.:

Plaintiff brought this action in the court of common pleas of Sedgwick County against the defendants, to recover damages sustained to his automobile as the result of a collision between two motor vehicles on a public highway, and failed to recover. He then perfected an appeal to the district court where, under issues joined by the pleadings in the court of first resort, the case proceeded to trial and...

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