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WESTOVER v. SCHAFFER

No. 45,584

205 Kan. 62 (1970)

468 P.2d 251

JUNE M. WESTOVER, Appellant, v. DONNA SCHAFFER, Appellee.

Supreme Court of Kansas.

Opinion filed April 11, 1970.

Attorney(s) appearing for the Case

Payne H. Ratner, Jr., of Ratner, Mattox, Ratner, Ratner, & Barnes, of Wichita, argued the cause, and Patrick L. Dougherty of the same firm was with him on the brief for the appellant.

Robert L. Howard, of Foulston, Siefkin, Powers, Smith & Eberhardt, of Wichita, argued the cause, and Robert C. Foulston of the same firm was with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This suit challenges constitutionality of our automobile guest statute (K.S.A. 8-122b).

The action was submitted to the trial court upon stipulated facts. We need state only that plaintiff, a guest passenger in an automobile driven by defendant, allegedly was injured in a collision with a utility pole as a result of defendant's ordinary negligence. Plaintiff stipulated there was no evidence of any...

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