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NEWMAN v. CASE

No. 44,424

196 Kan. 689 (1966)

413 P.2d 1013

H.A. NEWMAN, d/b/a NEWMAN TRUCK SERVICE, Appellee, v. H.V. CASE, d/b/a CASE WELDING SERVICE, Appellant.

Supreme Court of Kansas.

Opinion filed May 7, 1966.

Attorney(s) appearing for the Case

James Berglund, of Great Bend, argued the cause, and H. Lee Turner and J. Eugene Balloun, both of Great Bend, were with him on the brief for the appellant.

Herb Rohleder, of Great Bend, argued the cause, and Tudor W. Hampton and Jerry M. Ward, both of Great Bend, were with him on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

This action arises out of a collision between two trucks. Plaintiff recovered judgment in the court below and the defendant has appealed. We will refer to the parties as plaintiff and defendant, respectively.

The collision occurred about 6:15 p.m., October 30, 1962, on Highway 56, approximately one-quarter mile west of Ellinwood, Kansas, at which time...

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