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GEORGE v. BREISING

No. 45,840

206 Kan. 221 (1970)

477 P.2d 983

NORMAN W. GEORGE, a Minor, Appellant, v. JOHN E. BREISING, d/b/a K.B.S. MOTOR COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed December 12, 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.

H.W. Fanning, of Kahrs, Nelson, Fanning, Hite and Kellogg, of Wichita, argued the cause, and John H. Gerety, of Foulston, Hook and Gerety, of Wichita, was with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal in a damage action arising from personal injuries sustained by the plaintiff, a pedestrian, in an automobile accident in Wichita, wherein the plaintiff was struck and injured by a stolen automobile driven by one Stephen Williams.

The defendant was the owner and operator of a private automobile garage repair business and was charged with negligence by the plaintiff for leaving...

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