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ATKINS v. BAYER

No. 45,520

204 Kan. 509 (1970)

464 P.2d 233

TOMMY C. ATKINS, Appellant, v. ROBERT P. BAYER, Appellee.

Supreme Court of Kansas.

Opinion filed January 24, 1970.

Attorney(s) appearing for the Case

James S. Phillips, of Wichita, argued the cause, and Fred Hall, of Wichita, was with him on the brief for the appellant.

Vernon D. Just, of Wichita, argued the cause, and Ralph Foster, and William A. Wells, both of Wichita, were with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

In this damage action arising from a rear-end automobile collision plaintiff Tommy C. Atkins appeals from a judgment rendered against him upon an adverse jury verdict.

Plaintiff, defendant Robert P. Bayer, defendant's wife who was his passenger, and an investigating police officer were witnesses at the trial on the liability aspect of the case. Their testimony,

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