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SCHMIDT v. COOPER

No. 43,919

194 Kan. 403 (1965)

399 P.2d 888

ANNA E. SCHMIDT, Appellee, v. BEN WALDO COOPER, Appellant.

Supreme Court of Kansas.

Opinion filed March 6, 1965.

Attorney(s) appearing for the Case

Ronald D. Albright, of Anthony, argued the cause and was on the briefs for the appellant.

Charles M. Cline, of Wichita, argued the cause, and W.G. Muir and Donald Muir, both of Anthony, and Emmet A. Blaes, Roetzel Jochems, Robert G. Braden, J. Francis Hesse, James W. Sargent, Stanley E. Wisdom, Cecil E. Merkel, Harry L. Hobson, Bruce W. Zuercher, L.D. Klenda, Richard A. Loyd, and Stephen M. Blaes, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

This is an action by the plaintiff, Anna E. Schmidt, to recover damages for personal injuries sustained in a collision between the Chrysler car in which she was riding and a truck driven by the defendant, Ben Waldo Cooper. The case was tried to a jury which returned a verdict in plaintiff's favor for $4,014.38. Plaintiff's motion for a new trial was sustained in part by the court, and a new trial was granted...

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