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WILSON v. RUSHTON

No. 44,808

199 Kan. 659 (1967)

433 P.2d 444

JAMES M. WILSON, a Minor by and through BLANCHE WILSON, his mother and next friend, Appellant, v. WILLIAM H. RUSHTON, Appellee.

Supreme Court of Kansas.

Opinion filed November 13, 1967.

Attorney(s) appearing for the Case

Evart Mills, of McPherson, argued the cause, and Michael T. Mills, of McPherson, 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, and Richard I. Stephenson, all of Wichita, were with him on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

This action is brought by the plaintiff, James M. Wilson, to recover for injuries received when the car in which he was riding, and which was driven by the defendant, William H. Rushton, crashed against a guardrail on U.S. Highway I-70 immediately east of the K-99 overpass. At the conclusion of plaintiff's evidence the trial court sustained the defendant's motion...

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