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SAFEWAY STORES v. WILSON

No. 42,506

190 Kan. 7 (1962)

372 P.2d 551

SAFEWAY STORES, INC., Appellee, v. DONALD L. WILSON, d/b/a Wilson Truck Lines, Riverdale, Kansas, and d/b/a Wilson Sugar and Oil Company, Riverdale, Kansas, and AMERICAN FIDELITY & CASUALTY COMPANY, INC., Appellants.

Supreme Court of Kansas.

Opinion filed June 9, 1962.

Attorney(s) appearing for the Case

Robert H. Nelson, of Wichita, argued the cause, and H.W. Fanning and Richard C. Hite, both of Wichita, were with him on the briefs for the appellants.

John C. Thurlo, of Kansas City, Missouri, argued the cause, and Kenneth G. Speir, of Newton, was with him on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, C.J.:

This was an action to recover damages resulting from a motor vehicle collision. The plaintiff recovered and the defendants appeal.

The controlling question on appellate review is whether the appellants were estopped from asserting the statute of limitations (G.S. 1949, 60-306, Third) as a defense. For that reason the pleadings are not involved and require no attention. However, a detailed...

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