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MUHN v. SCHELL

No. 44,443

196 Kan. 713 (1966)

413 P.2d 997

THOMAS SCOTT MUHN, a minor, by and through Richard T. Muhn and Eleanor S. Muhn, Father and Mother, Natural Guardians and Next Friends, and ANN E. BRAZELTON, a minor, by and through Leslie F. Brazelton and Patricia Brazelton, Father and Mother, Natural Guardians and Next Friends, Appellee, v. KERIN L. SCHELL, Appellant.

Supreme Court of Kansas.

Opinion filed May 7, 1966.

Attorney(s) appearing for the Case

Gerald Sawatzky, of Wichita, argued the cause, and George B. Powers, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris, Donald L. Cordes, Robert L. Howard, Charles J. Woodin, Mikel L. Stout, Ronald K. Badger, Benjamin C. Langel and Phillip S. Frick, all of Wichita, were with him on the briefs for the appellant.

Orval L. Fisher, of Wichita, argued the cause, and Gerald L. Michaud, Russell Cranmer and M. William Syrios, all of Wichita, were with him on the briefs for the appellees.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal by the operator of an automobile from a judgment in favor of two injured guests. The judgment is challenged for insufficiency of the evidence and impropriety of the instructions on the question of "gross and wanton negligence."

The facts which tend to support the verdict in favor of plaintiffs, most of which are not in dispute, will be first stated.

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