GARDNER v. WELK

No. 43,739

193 Kan. 445 (1964)

393 P.2d 1019

DAVID GARDNER, by Lillian Gardner, His Natural Guardian and Next Friend, Appellee, v. ERNEST G. WELK, Appellant.

Supreme Court of Kansas.

Opinion filed July 14, 1964.


Attorney(s) appearing for the Case

H. Lee Turner, of Great Bend, argued the cause, and J. Eugene Balloun and James L. Berglund, both of Great Bend, and Don E. Brown, of Pratt, were with him on the briefs for the appellant.

Bill Murray, of Pratt, argued the cause, and B.V. Hampton, of Pratt, was with him on the brief for the appellee.


The opinion of the court was delivered by

PRICE, J.:

This was an action for damages for personal injuries arising out of a collision between defendant's automobile and the plaintiff's bicycle. The plaintiff was a six-year-old boy, and the action was brought by his mother as natural guardian and next friend.

Judgment was for plaintiff, and defendant has appealed.

Highly summarized, the facts are substantially as follow:

At about six...

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