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HOFFMAN v. DAUTEL

No. 42,629

190 Kan. 131 (1962)

373 P.2d 191

DONNA IRENE HOFFMAN, Appellee, v. JACKIE E. DAUTEL and DELMER L. DAUTEL, d/b/a Dautel Brothers, THE HOME INSURANCE COMPANY and THE HOME INDEMNITY COMPANY OF NEW YORK, NEW YORK, Corporations, Appellants.

Supreme Court of Kansas.

Opinion filed July 7, 1962.

Attorney(s) appearing for the Case

John A. Bausch, of Toeka, argued the cause, and L.M. Ascough, E. Edward Johnson and Wayne T. Stratton, all of Topeka, were with him on the brief for the appellants.

Ralph E. Skoog, of Topeka, argued the cause, and J.A. Dickinson, Sam A. Crow and Bill G. Honeyman, all of Topeka, were with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal from an order of the district court of Shawnee County Kansas, overruling a motion to strike portions of the plaintiff's petition in a damage action. The controlling question presented is whether such order is appealable.

On June 9, 1958, the plaintiff was riding in an automobile as a passenger with her husband and three children. As they were proceeding along a Kansas...

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