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HORN v. CHICAGO, R.I. & PAC. RLD. CO.

No. 41,963

187 Kan. 423 (1960)

357 P.2d 815

CHARLES C. HORN, Appellant, v. CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY, and L.D. BANNISTER, Appellees.

Supreme Court of Kansas.

Opinion filed December 10, 1960.

Attorney(s) appearing for the Case

Wayne Coulson, of Wichita, argued the cause, and Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, 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 brief for the appellant. Hugo T. Wedell and Homer V. Gooing, of Wichita, of counsel.

Clayton M. Davis, of Topeka, argued the cause, and Mark L. Bennett, of Topeka, and Ralph M. Hope, of Wichita, were with him on the brief for the appellees.

The opinion of the court was delivered by

PRICE, J.:

This was an action to recover for personal injuries and property damage resulting from a collision of plaintiff's automobile and defendant railroad's passenger train. The engineer of the train also was joined as a defendant but for convenience they will be referred to in the singular.

Plaintiff appeals from an order sustaining a demurrer to his evidence.

The action was based — not...

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