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SIMPSON v. MILLER

No. 46,445

210 Kan. 133 (1972)

499 P.2d 1102

RAYMOND SIMPSON, a Minor, by and through His Mother and Next Friend, ALICE M. GUEST, and ALICE M. GUEST, Appellants, v. OLETA F. MILLER, Appellee.

Supreme Court of Kansas.

Opinion filed July 19, 1972.

Attorney(s) appearing for the Case

Jim Lawing, of Jim Lawing, Chartered, Wichita, argued the cause and was on the brief for the appellants.

William R. Smith, of Hershberger, Patterson, Jones and Thompson, Wichita, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

FOTH, C.:

Raymond Simpson and his mother brought this action for personal injuries and medical expenses incurred when Raymond encountered an automobile driven by the defendant, Mrs. Oleta Miller. Trial was to the court without a jury and resulted in a judgment for the defendant. Plaintiffs appeal.

Raymond was eight years old on August 23, 1969. On that day he was playing with four friends in his back yard in...

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