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ALCARAZ v. WELCH

No. 45,611

205 Kan. 163 (1970)

468 P.2d 185

HENRY P. ALCARAZ, Appellant, v. SANDRA WELCH (BARGER), Appellee.

Supreme Court of Kansas.

Opinion filed April 11, 1970.

Attorney(s) appearing for the Case

James P. Johnston, of Sowers, Sowers, Carson and Johnston, of Wichita, argued the cause and was on the brief for the appellant.

Jerry Elliott, of Foulston, Siefkin, Powers, Smith and Eberhardt, of Wichita, argued the cause, and Robert M. Siefkin, of the same firm, was with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

In this action the plaintiff seeks to recover for personal injuries allegedly sustained while riding his motorcycle which collided with a stray grocery cart on Kellogg Street in the city of Wichita, Kansas. The trial court sustained the defendant's motion for summary judgment, and appeal has been duly perfected.

The basic question is whether an agency relationship has been established by the...

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