SCHRODER v. BRADEN

No. 43,634

193 Kan. 85 (1964)

391 P.2d 1005

DONALD L. SCHRODER, Guardian of Loretta Jean Schroder, Insane, Appellant, v. LYNN G. BRADEN, a Sole Proprietor, Doing Business as BRADEN CONSTRUCTION COMPANY, and MIDWEST PRECOTE COMPANY, a Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed May 9, 1964.


Attorney(s) appearing for the Case

Harold G. Forbes, of Eureka, argued the cause, and Thomas C. Forbes, George Forbes, and Dale L. Pohl, all of Eureka, were with him on the briefs for the appellant.

Robert M. Siefkin, of Wichita, argued the cause, and Kenneth P. Rockhill, of Eureka, George B. Powers, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, Robert N. Partridge, Richard C. Harris, Gerald Sawatzky, Donald L. Cordes, Robert L. Howard, Charles J. Woodin, and Mikel L. Stout, all of Wichita, were with him on the briefs for the appellee, Lynn G. Braden.

Donald R. Newkirk, of Wichita, argued the cause, and Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Robert J. Hill, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, Robert T. Cornwell, Willard B. Thompson, David W. Buxton, Hugo T. Wedell, and Homer Gooing, all of Wichita, were with him on the briefs for the appellee, Midwest Precote Company.


The opinion of the court was delivered by

HATCHER, C.:

This appeal stems from an action brought by the plaintiff on behalf of his incompetent wife who suffered injury when the plaintiff missed a turn on a road and drove his automobile in which the wife was riding into a pile of dirt near the roadway.

The facts which disclose the circumstances and conditions from which the accident occurred will first be presented.

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