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FLYNN v. ALLEN

No. 42,023

187 Kan. 578 (1961)

358 P.2d 734

ROSE M. FLYNN, Appellee, v. CHARLES ROBERT ALLEN, Appellant.

Supreme Court of Kansas.

Opinion filed January 21, 1961.

Attorney(s) appearing for the Case

Murvyl M. Sullinger, of Pittsburg, argued the cause, and Davis S. Carson, of Pittsburg, was with him on the briefs for the appellant.

Perry Owsley, of Pittsburg, argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal from the trial court's order overruling defendant's general demurrer to plaintiff's petition for the wrongful death of her husband.

The petition was drawn to allege a cause of action under the first portion of G.S. 1949, 8-122b, commonly known as the "guest statute," which reads:

"That no person who is transported by the owner or operator of a motor vehicle, as his guest...

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