O'GRADY v. POTTS

No. 43,809

193 Kan. 644 (1964)

396 P.2d 285

A.R. O'GRADY, Appellee, v. RICHARD D. POTTS, Appellant, and KENNETH LAYTON, by and through EARL L. LAYTON, his father and next friend, Defendant.

Supreme Court of Kansas.

Opinion filed November 7, 1964.


Attorney(s) appearing for the Case

Gerald Sawatzky, of Wichita, argued the cause, and George B. Powers, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris, Donald L. Cordes, Robert L. Howard, Charles J. Woodin, Mikel L. Stout, Ronald K. Badger and Benjamin C. Langel, all of Wichita, were with him on the brief for the appellant.

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


The opinion of the court was delivered by

SCHROEDER, J.:

The question of law presented by this appeal is whether a plaintiff may, after becoming the wife of the defendant, continue to maintain an action against her husband for an alleged tortious act under the guest statute which occurred before the marriage.

The foregoing issue is crystallized by the pleadings of the respective parties.

It is immaterial to relate in detail the various pleadings...

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