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WILSON v. MILLER

No. 44,628

198 Kan. 321 (1967)

424 P.2d 271

MINNIE O. WILSON, Appellee, v. ROBERT L. MILLER, Appellant, and FRANK McCULLA, Defendant.

Supreme Court of Kansas.

Opinion filed March 4, 1967.

Attorney(s) appearing for the Case

James J. Lysaught, of Kansas City, argued the cause, and Homer Davis, of Leavenworth, and Willard L. Phillips, P.B. McAnany, Thomas M. Van Cleave, Jr. and John J. Jurcyk, Jr., all of Kansas City, were with him on the briefs for the appellant.

Tom Boone, of Leavenworth, argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from an order denying a motion to set aside a default judgment rendered in an action for damages resulting from injuries received in an automobile collision.

We first state those facts which are not in dispute.

On February 24, 1964, an automobile driven by the plaintiff, Minnie O. Wilson, collided with an automobile driven by the defendant, Robert L. Miller, but which...

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