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TOS v. HANDLE

No. 46,311

209 Kan. 139 (1972)

495 P.2d 896

GLADYS NAOMI TOS, Appellee, v. CLYDE H. HANDLE, Appellant.

Supreme Court of Kansas.

Opinion filed April 8, 1972.

Attorney(s) appearing for the Case

H.E. Jones, of Hershberger, Patterson, Jones and Thompson, of Wichita, argued the cause, and Stephen Jones, of the same firm, was with him on the brief for the appellant.

M. William Syrios, of Michaud and Cranmer, of Wichita, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

FOTH, C.:

This is an automobile collision case in which the jury returned a verdict for the plaintiff and the defendant appeals. Two grounds are urged for reversal: (1) that plaintiff was guilty of contributory negligence as a matter of law; and (2) that the jury was guilty of misconduct for which the trial court should have ordered a new trial.

Appellant concedes that if he is to prevail on his first contention...

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