ALSEIKE v. MILLER

No. 44,408

196 Kan. 547 (1966)

412 P.2d 1007

LESLIE G. ALSEIKE, Plaintiff and Appellee, v. EDITH M. MILLER, Defendant and Third Party Plaintiff, Appellant, v. VERNON L. LADD, an individual; JAMES McINTOSH and HUGH SHEA, co-partners, d/b/a CYCLE ESCORT SERVICE, Third Party Defendants and Appellees.

Supreme Court of Kansas.

Opinion filed April 9, 1966.


Attorney(s) appearing for the Case

F.C. McMaster, of Wichita, argued the cause, and Stanford J. Smith, of Wichita, was with him on the brief for Edith M. Miller, third-party plaintiff and appellant.

Gerald L. Michaud, of Wichita, argued the cause, and Russell Cranmer, Orval L. Fisher, and M. William Syrios, all of Wichita, were with him on the brief for Leslie G. Alseike, plaintiff and appellee.

H.E. Jones, of Wichita, argued the cause, and Clarence R. Sowers, John W. Sowers, Davis S. Carson, A.W. Hershberger, Richard Jones, William P. Thompson, Jerome E. Jones, Robert J. Roth, William R. Smith, and Robert J. O'Connor, all of Wichita, were with him on the brief for the third-party defendants and appellees.


The opinion of the court was delivered by

HARMAN, C.:

Two separate procedural questions make up this appeal. The action was commenced as one for damages for personal injury. Plaintiff, an off-duty Wichita police officer, alleged in his petition his injury resulted from a collision with an automobile operated by defendant while in a funeral procession, which procession was being escorted by plaintiff on his motorcycle. Plaintiff asserted that defendant negligently...

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