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SWALLOW v. McCOY

No. 43,209

191 Kan. 386 (1963)

381 P.2d 350

MARY RUTH SWALLOW, Appellant, v. HOWARD McCOY, Appellee.

Supreme Court of Kansas.

Opinion filed May 11, 1963.

Attorney(s) appearing for the Case

Royce E. Wallace, of Wichita, argued the cause, and Dale M. Bryant, Morris H. Cundiff, Garner E. Shriver, Glenn J. Shanahan, and Orlin L. Wagner, all of Wichita, were with him on the briefs for the appellant.

Alvin D. Herrington, of Wichita, argued the cause, and William Tinker, Arthur W. Skaer, Hugh P. Quinn, Richard T. Foster, and Lee H. Woodard, all of Wichita, were with him on the briefs for the appellee, and W. Getto McDonald, of Wichita, of counsel.

The opinion of the court was delivered by

JACKSON, J.:

This appeal involves a damage action based upon an automobile collision in Wichita. The plaintiff-appellant recovered a verdict but brings this appeal claiming the damages assessed by the jury were inadequate, and that she should have been granted a new trial.

The accident occurred on May 28, 1960, at approximately eight o'clock in the evening. Appellee was driving in a northerly direction

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