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COLLINS v. CITY CAB CO.

No. 43,433

192 Kan. 394 (1964)

388 P.2d 597

ALLEN WAYNE COLLINS, by MARY LOUISE COLLINS, His Mother and Next Friend, Appellee, v. CITY CABS, INC., and HARLEY W. McCLINTOCK, Appellants.

Supreme Court of Kansas.

Opinion filed January 25, 1964.

Attorney(s) appearing for the Case

Daniel C. Bachmann, of Wichita, argued the cause and was on the brief for the appellants.

Patrick F. Kelly, of Wichita, argued the cause, and John C. Frank, James P. Johnston and Dan D. Kincheloe, all of Wichita, were with him on the brief for the appellee.

The opinion of the court was delivered by

PRICE, J.:

Plaintiff, a five-year-old boy, was struck by a taxicab while in a crosswalk in an emergency entrance driveway to the Sedgwick County Hospital. He brought this action — by his mother as next friend — against the cab company and its driver to recover for his personal injuries.

The pleadings need not be detailed. They contained the usual allegations of negligence and denials. The petition...

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