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ATER v. CULBERTSON

No. 42,789

190 Kan. 68 (1962)

372 P.2d 580

EARL ATER, Appellee, v. BENNIE C. CULBERTSON and CHARLES W. SNYDER, Appellants.

Supreme Court of Kansas.

Opinion filed June 9, 1962.

Attorney(s) appearing for the Case

Douglas G. Hudson, of Fort Scott, argued the cause, Douglas Hudson and Howard Hudson, both of Fort Scott, were with him on the brief for the appellants.

John L. Ibson, of Fort Scott, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal from a verdict and judgment for the plaintiff in an automobile collision case.

The primary question presented is whether the special findings of the jury establish contributory negligence on the part of the plaintiff as a matter of law.

The collision out of which this lawsuit results occurred in Bourbon County, Kansas, on July 9, 1958. The plaintiff (appellee) was operating...

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