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KETTLER v. PHILLIPS

No. 43,240

191 Kan. 486 (1963)

382 P.2d 478

DELTON E. KETTLER, Appellee, v. ALBERT W. PHILLIPS Appellee, and FRANK C. JAMES, Appellant.

Supreme Court of Kansas.

Opinion filed June 8, 1963.

Attorney(s) appearing for the Case

James W. Sloan and Jerry W. Hannah, both of Topeka, argued the cause, and Eldon Sloan, Myron L. Listrom, Clayton M. Davis, and Mark L. Bennett, all of Topeka, were with him on the briefs for the appellant.

T.M. Murrell, of Topeka, argued the cause, and George A. Scott and Jack A. Quinlan, both of Topeka, were with him on the briefs for the appellee, Delton E. Kettler.

Philip H. Lewis, of Topeka, argued the cause, and O.B. Eidson, James W. Porter, E. Gene McKinney, and Charles S. Fisher, Jr., all of Topeka, were with him on the briefs for the appellee, Albert W. Phillips.

The opinion of the court was delivered by

HATCHER, C.:

This appeal stems from an action brought against the drivers of two automobiles whose alleged concurrent negligence caused injury to a third.

The general facts, which are not in serious dispute, may be summarized.

The collision occurred at approximately 3:30 P.M., October 29, 1960, on Highway K68 at the Bull Creek Bridge north and west of Paola, Kansas. Highway K68, designated as black...

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