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GARDNER v. PEREBOOM

No. 43,908

194 Kan. 231 (1965)

398 P.2d 293

DANNY L. GARDNER, a minor, by and through Evanne Gardner, Mother, Natural Guardian and Next Friend, Appellant, v. ERVIN E. PEREBOOM, Appellee.

Supreme Court of Kansas.

Opinion filed January 23, 1965.

Attorney(s) appearing for the Case

Russell Cranmer, of Wichita, argued the cause, and Gerald L. Michaud, Orval L. Fisher and M. William Syrios, all of Wichita, were with him on the briefs for the appellant.

Robert M. Siefkin, of Wichita, argued the cause, and D.M. Ward, of Peabody, George B. Powers, Carl T Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, Robert N. Partridge, Richard C. Harris, Gerald Sawatzky, 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 briefs for the appellee.

The opinion of the court was delivered by

HATCHER, C.:

This appeal stems from an action for damages resulting from injuries sustained in an automobile collision at a street intersection.

The facts necessary to present the limited issue to be considered may be abbreviated.

The plaintiff, Danny L. Gardner, a 14 year old boy, was riding in an automobile being driven by his 16 year old brother, John, on the evening of May 30, 1961. They proceeded...

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