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TOOLE v. JOHNSON

No. 44,086

195 Kan. 88 (1965)

402 P.2d 823

LOUIS B. TOOLE, Appellant, v. JACK JOHNSON, Appellee.

Supreme Court of Kansas.

Opinion filed June 12, 1965.

Attorney(s) appearing for the Case

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

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 appellee.

The opinion of the court was delivered by

PRICE, J.:

This is an action to recover for personal injuries as the result of an automobile collision.

Plaintiff has appealed from an order sustaining defendant's motion for a directed verdict.

On the morning in question plaintiff was riding in the right rear seat of an automobile. As the car was about to pass through the gate to the Boeing plant in Wichita, it came in "contact" with the car being...

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