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HODGES v. LISTER

No. 45,956

207 Kan. 260 (1971)

485 P.2d 165

OSCAR R. HODGES, Appellant, v. DENNIS D. LISTER, a minor, through his next friend and natural guardian, Elbert Lister, Appellee.

Supreme Court of Kansas.

Opinion filed May 15, 1971.

Attorney(s) appearing for the Case

Thomas H. Graber, of Hill, Mason, Graber and Nicklin, of Wichita, argued the cause, and Theo. H. Hill, of the same firm, was with him on the brief for the appellant.

Kenneth H. Hiebsch, of Gamelson, Hiebsch, Robbins and Tinker, of Wichita, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal in a damage action for personal injuries arising from an automobile collision at an open, uncontrolled city intersection.

The trial court sustained a motion to dismiss and/or a motion for a directed verdict, before the plaintiff had presented all of his evidence on his case in chief, on the ground that the plaintiff by his admissions had convicted himself of contributory negligence...

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