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McELHANEY v. ROUSE

No. 44,494

197 Kan. 136 (1966)

415 P.2d 241

L.D. McELHANEY, Appellee, v. DALE M. ROUSE, Appellant, (and DALE G. WILSHIRE, Defendant.)

Supreme Court of Kansas.

Opinion filed June 11, 1966.

Attorney(s) appearing for the Case

Robert A. Coldsnow, of Wichita, argued the cause, and E. Lael Alkire, Richard B. Clausing, Aubrey J. Bradley, Jr., and Gillard Cohen, all of Wichita, were with him on the briefs for the appellant.

Gerald Sawatzky, of Wichita, argued the cause, and Robert M. Siefkin, Donald R. Newkirk, and Robert T. Cornwell, all of Wichita, were with him on the briefs for the appellee, and Robert C. Foulston, George B. Powers, Carl T. Smith, John F. Eberhardt, Howard T. Fleeson, Homer V. Gooing, Wayne Coulson, and Paul R. Kitch, all of Wichita, of counsel.

The opinion of the court was delivered by

KAUL, J.:

This is an action for personal injuries brought by plaintiff, L.D. McElhaney, against defendants, Dale G. Wilshire and Dale M. Rouse. The defendant Rouse filed a cross-petition against the plaintiff McElhaney. During the trial a motion for a directed verdict by defendant Wilshire was sustained and he was removed from the case. A verdict was returned against plaintiff McElhaney and also against defendant Rouse...

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