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MARIETTA v. SPRINGER

No. 43,711

193 Kan. 266 (1964)

392 P.2d 858

LODIE MARIETTA, Appellant, v. VERNON C. SPRINGER, d/b/a Rusty's Food Center, Appellee.

Supreme Court of Kansas.

Opinion filed June 6, 1964.

Attorney(s) appearing for the Case

George V. Allen, of Lawrence, argued the cause, and Murvyl Sullinger, of Pittsburg, was with him on the briefs for the appellant.

Wayne Hundley, of Topeka, argued the cause, and Allen Meyers, Herbert A. Marshall, and Doral H. Hawks, all of Topeka, were with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal in a damage action for personal injuries from the trial court's order of April 22, 1963, sustaining defendant's demurrer to plaintiff's evidence, entering judgment for defendant thereon, and from its order overruling plaintiff's motion for new trial on June 21, 1963.

Since there is no question involving the pleadings, we shall proceed directly to the evidence introduced on behalf...

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