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DIAZ v. DUKE

No. 45,886

206 Kan. 650 (1971)

482 P.2d 48

MARIA T. DIAZ, Appellee, v. DWIGHT C. DUKE, Appellant.

Supreme Court of Kansas.

Opinion filed March 6, 1971.

Attorney(s) appearing for the Case

Herbert A. Marshall, of Marshall, Hawks, McKinney & Hundley, of Topeka, argued the cause, and was on the brief for appellant.

Richard F. Waters, of Harper, Hornbaker, Waters & Abbott, of Junction City, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

FATZER, J.:

The action was to recover damages for personal injuries sustained in an automobile collision on Grant Avenue, in Junction City.

At the close of all the evidence, and over the objection of the defendant, the district court sustained the plaintiff's motion for a directed verdict on the issue of liability, and instructed the jury the defendant was negligent as a matter of law. The verdict was for the...

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