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HAMILTON v. KURTH

No. 44,794

199 Kan. 572 (1967)

431 P.2d 531

M.T. (PETE) HAMILTON, Appellant, v. CLARENCE J. KURTH, Appellee.

Supreme Court of Kansas.

Opinion filed September 18, 1967.

Attorney(s) appearing for the Case

Morris H. Cundiff, of Wichita, argued the cause, and A. Martin Millard, of Wichita, was with him on the brief for the appellant.

Philip Kassebaum, of Wichita, argued the cause, and Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Gerrit H. Wormhoudt, John E. Rees, Robert T. Cornwell, Willard B. Thompson, David W. Buxton, John T. Conlee, John Prather, Richard Stephenson, and Douglas D. Johnson, all of Wichita, were with him on the brief for the appellee. Hugo T. Wedell, of Wichita, of Counsel.

The opinion of the court was delivered by

PRICE, C.J.:

This is an action for damages resulting from an intersection collision in the city of Wichita.

At the close of plaintiff's evidence the trial court sustained defendant's motion for a directed verdict on the ground that plaintiff was guilty of contributory negligence as a matter of law — thus barring recovery.

Plaintiff has appealed from that ruling.

Very briefly stated &...

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