CAYLOR v. ATCHISON, T. & S.F. RLY. CO.

No. 42,469

190 Kan. 261 (1962)

374 P.2d 53

VERNON D. CAYLOR, Appellee, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a corporation, and WILLIAM E. GENTRY, Appellants.

Supreme Court of Kansas.

Opinion on rehearing filed August 14, 1962.


Attorney(s) appearing for the Case

W.E. Treadway, of Topeka, argued the cause, C.J. Putt, J.B. Reeves and William A. Walton, all of Topeka, were with him on the briefs for the appellants.

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

Harry W. Colmery, James E. Smith, Robert E. Russell, O.R. Stites, Jr., and Lawrence D. Munns, all of Topeka, John F. Eberhardt, C.H. Morris, John C. Frank, Henry V. Gott, Richard C. Hite, H.E. Jones, Donald R. Newkirk, William Tinker and Lawrence Weigand, all of Wichita, Charles S. Schnider and Marion C. Miller, both of Kansas City, Joe L. Henbest, of Columbus, Don C. Smith, of Dodge City, George Allred, of Emporia, W. Luke Chapin, of Medicine Lodge, Arthur C. Hodgson, of Lyons, Tom Crosson, of Independence, Kirke W. Dale, of Arkansas City, H.G. Engleman, of Salina, and D.B. Lang, of Scott City, Evart Mills, of McPherson, D.C. Martindell, W.D.P. Carey, J. Richards Hunter, Harry H. Dunn, Edwin B. Brabets, R.C. Martindell, W.B. Swearer, E.F. Cabbage and John W. Feist, all of Hutchinson, H. Lee Turner and J. Eugene Balloun, both of Great Bend, filed briefs amici curiae.


OPINION ON REHEARING

The opinion of the court was delivered by SCHROEDER, J.:

This case involves trial errors in a damage action for personal injuries sustained by the plaintiff in an automobile accident.

The questions presented are (1) whether the trial court erred in its failure to declare a mistrial after the plaintiff (appellee) in his own testimony injected the subject of appellants' insurance, and in failing to admonish the jury by instruction...

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