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POWELL v. PHILLIPS

No. 41,334

184 Kan. 755 (1959)

339 P.2d 60

LEE ROY POWELL, Appellant, v. ROBERT LEE PHILLIPS, Appellee.

Supreme Court of Kansas.

Opinion filed May 16, 1959.

Attorney(s) appearing for the Case

J.W. Lowry, of Atchison, argued the cause, and Steadman Ball, Wm. E. Stillings and Robert D. Caplinger, all of Atchison, were with him on the brief for the appellant.

R.A. Brown, of St. Joseph, Missouri, argued the cause, and B.P. Waggener and Gerald Foley, both of Atchison, were with him on the brief for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This was a damage action arising out of an automobile collision. A demurrer to plaintiff's evidence was sustained and he has appealed.

Other than to state that the petition charged defendant with the usual grounds of negligence in such cases, and that the answer denied negligence on the part of defendant, charged plaintiff with contributory negligence, and further alleged that if the collision was...

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