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SCHRAEDER v. SISTERS OF ST. JOSEPH

No. 42,221

187 Kan. 509 (1960)

357 P.2d 854

RONALD D. SCHRAEDER, an Incompetent, by LOWELL W. SCHRAEDER, Guardian of the Person and Estate of Said Incompetent, Appellee, v. SISTERS OF ST. JOSEPH OF WICHITA, KANSAS, a Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed December 10, 1960.

Attorney(s) appearing for the Case

William Porter, of Wichita, argued the cause, and Getto McDonald, William Tinker, Arthur W. Skaer, Hugh P. Quinn, Alvin D. Herrington, Darrell D. Kellogg and Richard T. Foster, all of Wichita, were with him on the briefs for the appellant.

Daniel C. Bachmann, of Wichita, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This was an action to recover damages for personal injuries sustained by plaintiff (appellee) due to the alleged negligence of the defendant (appellant).

To the petition as amended, defendant directed a motion to dismiss on the sole ground that plaintiff had no legal capacity to sue. Defendant asserted in its motion that plaintiff, in a proceeding against...

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