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GREENWOOD v. GARDNER

No. 42,406

189 Kan. 68 (1961)

366 P.2d 780

MICHAEL GREENWOOD, by His Natural Mother and Next Friend BETTY GREENWOOD, Appellee, v. EVERETT GARDNER, Appellant.

Supreme Court of Kansas.

Opinion filed December 9, 1961.

Attorney(s) appearing for the Case

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

Fred R. Vieux, of Augusta, argued the cause, and J.B. McKay and James B. McKay, Jr., of El Dorado, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This was an action for damages brought by Michael Greenwood, a minor ten years of age, by and through his mother against his grandfather Everett Gardner and a Verna Hein. From an order of the trial court overruling defendant Gardner's demurrer to plaintiff's petition, defendant appeals. Verna Hein is not a party to this appeal.

It is not necessary to set...

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