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MARLEY v. JERSEY INSURANCE CO.

No. 42,690

189 Kan. 658 (1962)

369 P.2d 783

ANNA M. MARLEY, Appellee, v. CLIFFORD LEWIS, Appellee, and JERSEY INSURANCE COMPANY OF NEW YORK, a Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed May 5, 1962.

Attorney(s) appearing for the Case

J. Dwain Schmidt, of Wichita, argued the cause, and Milton Zacharias, Kenneth H. Hiebsch, Richard A. Render, Albert L. Kamas, Donald E. Lambdin and David G. Arst, all of Wichita, were with him on the briefs for the appellant.

Edmund R. Learned, of Wichita, argued the cause, and Payne H. Ratner, Louise Mattox, Payne H. Ratner, Jr., Cliff W. Ratner, James R. Barr, R.R. Barnes and Tyler C. Lockett, all of Wichita, were with him on the briefs for appellee Marley.

The opinion of the court was delivered by

JACKSON, J.:

Appellee Marley sued appellee Lewis in the court of common pleas of Sedgwick county, alleging that the defendant had run a large truck into the back of plaintiff's automobile while plaintiff was stopped behind other cars at a stop sign. The truck belonged to the city of Wichita and defendant Lewis was an employee of the city.

It would appear that defendant Lewis defaulted and that on November 30...

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