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HENDRIXON v. SCHEMAHORN

No. 43,807

193 Kan. 640 (1964)

396 P.2d 352

E.W. HENDRIXON, Appellant, v. HOMER SCHEMAHORN, Appellee. MAX HAMILTON, Appellant, v. HOMER SCHEMAHORN, Appellee.

Supreme Court of Kansas.

Opinion filed November 7, 1964.

Attorney(s) appearing for the Case

H. Lee Turner, of Great Bend, argued the cause, and J. Eugene Balloun and James L. Berglund, of Great Bend, were with him on the briefs for appellants.

Shelley Graybill, of Elkhart, argued the cause and was on the briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

These were actions to recover damages for personal injuries arising out of an automobile accident. Individual actions were brought by appellants E.W. Hendrixon and Max Hamilton, plaintiffs in the district court, against appellee-defendant, Homer Schemahorn. Since the actions involved the same facts, the cases were consolidated for trial. A jury was waived and the case was tried by the district court. No...

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