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DAVIS v. REED

No. 42,189

188 Kan. 159 (1961)

360 P.2d 847

CLARENCE E. DAVIS, Appellant, v. JAMES N. REED, Appellee.

Supreme Court of Kansas.

Opinion filed April 8, 1961.

Attorney(s) appearing for the Case

Orval L. Fisher, of Wichita, argued the cause, and Norman G. Maben, of Wichita, was with him on the brief for the appellant.

Philip Kassebaum, of Wichita, argued the cause, and Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Robert J. Hill, Gerrit H. Wormhoudt, John E. Rees, Robert T. Cornwell and Willard B. Thompson, all of Wichita, were with him on the brief for the appellee. Hugo T. Wedell and Homer V. Gooing, both of Wichita, of counsel.

The opinion of the court was delivered by

SCHROEDER, J.:

This is a common law action for personal injuries and property damage resulting from an ordinary intersection collison in the City of Wichita, Kansas, between two motor vehicles on July 24, 1956. The action was filed twenty-two months after the accident.

The only question presented is whether a party who has a right to recover workmen's compensation, which he fails to assert against his...

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