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OERTEL v. PHILLIPS

No. 44,486

197 Kan. 113 (1966)

415 P.2d 223

WILLIAM D. OERTEL, a Minor, by and through JOSEPH G. OERTEL, his father and next friend, Appellant, v. FLORENCE A. PHILLIPS, Appellee.

Supreme Court of Kansas.

Opinion filed June 11, 1966.

Attorney(s) appearing for the Case

Tom Boone, of Leavenworth, argued the cause and was on the briefs for appellant.

Lewis C. Smith, of Kansas City, argued the cause, and J. Milton Sullivant, Gerald L. Rushfelt, Clifford T. Mueller and Ralph D. Lamar, of Kansas City, and Ethan Potter, of Leavenworth, were with him on the briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

This appeal is predicated upon the order of the district court granting the defendant's motion for a new trial.

This action was commenced by the plaintiff-appellant, William D. Oertel, a minor, by and through Joseph G. Oertel, his father and next kin, against the defendant-appellee, Florence A. Phillips, to recover damages for personal injuries resulting from a vehicular collision at the intersection...

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