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HUGHES v. JONES

No. 45,816

206 Kan. 82 (1970)

476 P.2d 588

CLETE M. HUGHES, Appellee, v. WAYNE W. JONES d/b/a AAA HOME TRAILERS, Appellant, and WILLARD D. HIXON, Defendant.

Supreme Court of Kansas.

Opinion filed November 7, 1970.

Attorney(s) appearing for the Case

Byron J. Beck, of Morrison, Hecker, Cozad, Morrison and Curtis, of Kansas City, Missouri, argued the cause, and David R. Culp, of the same firm, and Robert D. Benham, of McAnany, Van Cleave and Phillips, of Kansas City, were with him on the brief for the appellant.

Barton Brown, of Wallace and Saunders, of Overland Park, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is a damage action for personal injuries received in an automobile accident which occurred on July 28, 1963, in Wyandotte County, Kansas, wherein the plaintiff sued the defendants, Wayne W. Jones d/b/a AAA Home Trailers and Willard D. Hixon, the driver of an automobile involved. In the lower court Hixon was never served with summons and made a party to the lawsuit. A separate trial to a jury on...

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