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SIMS v. SCHREPEL

No. 46,174

208 Kan. 527 (1972)

492 P.2d 1312

BOBBY S. SIMS, Appellant, v. BENJAMIN L. SCHREPEL, Appellee.

Supreme Court of Kansas.

Opinion filed January 22, 1972.

Attorney(s) appearing for the Case

Bill Murray, of the firm of Hampton, Murray & Hampton, of Pratt, argued the cause and was on the brief for the appellant.

Robert Wunsch, of the firm of Wunsch, Wunsch & Gaumer, of Kingman, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

This lawsuit grows out of an accident occurring at an open intersection. Two vehicles were involved, a county sand or dump truck driven by plaintiff, Bobby S. Sims, and a passenger car operated by the defendant, Benjamin Schrepel. Trial was commenced before a jury. At the conclusion of the plaintiff's evidence, the defendant moved for summary judgment. The trial...

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