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EHRSAM v. BORGEN

No. 41,656

185 Kan. 776 (1959)

347 P.2d 260

ELDON EHRSAM, Appellant, v. CHARLES BORGEN, Appellee.

Supreme Court of Kansas.

Opinion filed December 12, 1959.

Attorney(s) appearing for the Case

Harold E. Doherty, of Topeka, argued the cause, and James E. Benfer, Jr., of Topeka, was with him on the briefs for the appellant.

Richard A. Barber, of Lawrence, argued the cause, and John A. Emerson, of Lawrence, was with him on the brief for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

Eldon Ehrsam, plaintiff (appellant), brought this action against Charles Borgen, defendant (appellee), to recover damages for personal injuries sustained in a collision while riding in defendant's automobile.

The petition, insofar as is pertinent to the issue involved herein, alleged that defendant was the owner and operator of the automobile in which plaintiff was riding on the day in question;...

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