MATHENA v. BURCHETT

No. 42,522

189 Kan. 350 (1962)

369 P.2d 487

ROBERTA ANN MATHENA, by Robert E. Mathena, her father and next friend, Appellee, v. FRANCIS BURCHETT, Appellant.

Supreme Court of Kansas.

Opinion filed March 3, 1962.


Attorney(s) appearing for the Case

Harold E. Doherty, of Topeka, argued the cause, and James E. Benfer, of Topeka, was with him on the briefs for the appellant.

Ward Martin, of Topeka, argued the cause, and A. Harry Crane, Arthur L. Claussen, Harvey D. Ashworth, Raymond L. Spring, of Topeka, and J.W. Lowry, of Atchison, were with him on the briefs for the appellee.


The opinion of the court was delivered by

WERTZ, J.:

This was an action filed by plaintiff (appellee) Roberta Ann Mathena, a minor three and one-half years of age, through her father against Francis Burchett, defendant (appellant), seeking to recover damages for personal injuries alleged to have been suffered because of the negligence of the defendant in operating his automobile at the time and place in question under the conditions then existing.

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