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KINCAID v. WADE

No. 44,298

196 Kan. 174 (1966)

410 P.2d 333

JASPER J. KINCAID, Appellant, v. HERBERT E. WADE, JR. and IRENE E. BRASCH, Appellees.

Supreme Court of Kansas.

Opinion filed January 22, 1966.

Attorney(s) appearing for the Case

R.L. White, of Pittsburg, argued the cause, and R.L. Letton and J. Curtis Nettels, both of Pittsburg, were with him on the briefs for the appellant.

C.R. Stauffacher, of Columbus, argued the cause and was on the briefs for the appellee, Herbert E. Wade, Jr.

Randall D. Palmer, of Pittsburg, argued the cause, and Paul L. Wilbert, Alois R. Bieber and Garry W. Lassman, all of Pittsburg, were with him on the briefs for the appellee, Irene E. Brasch.

The opinion of the court was delivered by

HATCHER, C.:

This appeal stems from an action for damages resulting from injuries received in an automobile collision.

The general facts are not in dispute.

The plaintiff, Jasper J. Kincaid, was driving an automobile east on U.S. Highway 166 with his wife as a passenger. While east of Baxter Springs, Kansas he saw the car which was being driven by the defendant, Irene E. Brasch, headed east traveling...

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