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SMITH v. NEWELL

No. 46,442

210 Kan. 114 (1972)

499 P.2d 1112

RUTH I. SMITH, Appellant, v. VALENTINE NEWELL, Appellee, and RALPH E. SMITH, as next friend of RANDY E. SMITH, a minor, Appellant, v. VALENTINE NEWELL, Appellee.

Supreme Court of Kansas.

Opinion filed July 19, 1972.

Attorney(s) appearing for the Case

Ralph E. Skoog, of Dickinson, Crow and Skoog, of Topeka, argued the cause, and Gordon Lowry, of Valley Falls, and Rost, Rost and Macnish, of Topeka, were with him on the brief for the appellants.

Harold Doherty, of Topeka, argued the cause, and William Leech, of Oskaloosa, and James G. Boyett, of Topeka, were with him on the brief for the appellee.

The opinion of the court was delivered by

PRAGER, J.:

These two actions arose out of an automobile collision which occurred on October 20, 1968. The appellant, Ruth I. Smith, is the wife of Ralph E. Smith. Ruth and Ralph are the parents of Randy E. Smith who was 11 years of age at the time of the collision. At the time the accident occurred Ralph E. Smith was driving the family car in an easterly direction on U.S. Highway 24. Ruth I. Smith was a passenger...

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