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PERRY v. SCHMITT

No. 41,335

184 Kan. 758 (1959)

339 P.2d 36

CARLOS PERRY, By and Through HOMER PERRY, His Father and Natural Guardian, Appellee, v. TERRY LEE SCHMITT, Appellant.

Supreme Court of Kansas.

Opinion filed May 16, 1959.

Attorney(s) appearing for the Case

Charles Vance, of Liberal, argued the cause, and H. Hobble, Jr., and Chester A. Nordling, both of Liberal, were with him on the briefs for the appellant.

Donald R. Newkirk, of Wichita, argued the cause, and A.E. Kramer and Bernard E. Nordling, both of Hugoton, and Homer V. Gooing, Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Robert J. Hill, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, Robert T. Cornwell and Willard B. Thompson, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This is an action brought under the provisions of the guest statute (G.S. 1949, 8-122b) by plaintiff (appellee), Carlos Perry, against defendant (appellant), Terry Lee Schmitt, to recover damages for personal injuries sustained by plaintiff while riding in an automobile driven by defendant.

Plaintiff's petition alleged that defendant was guilty of certain enumerated acts of gross and wanton negligence...

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