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TUMINELLO v. LAWSON

No. 41,698

186 Kan. 721 (1960)

352 P.2d 1057

PHILLIP J. TUMINELLO, a Minor, by and Through His Mother, Natural Guardian and Next Friend, Lynell Tuminello, Appellee, v. HAROLD L. LAWSON, a Minor, Appellant.

Supreme Court of Kansas.

Opinion filed June 11, 1960.

Attorney(s) appearing for the Case

R.L. White, of Pittsburg, argued the cause, and R.L. Letton and J. Curtis Nettels, both of Pittsburg, were with him on the briefs for the appellant.

Morris Matuska, of Pittsburg, argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This appeal under our guest statute (G.S. 1949, 8-122b) is from the orders of the trial court overruling defendant's demurrer to plaintiff's evidence and defendant's motion for a directed verdict following the close of defendant's evidence. The trial court discharged the jury because the members could not agree upon a verdict and declared a mistrial.

On July 26, 1957, plaintiff, who was approximately...

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