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HILL v. WYMER

No. 46,185

208 Kan. 553 (1972)

493 P.2d 224

DAVID HILL, By and Through His Next of Friends and Natural Guardians, Paul Hill and Mary Hill, Appellee, v. WILLIAM A. WYMER and LOUISE HARMON, Appellants. MICHAEL HILL, By and Through His Next Friends and Natural Guardians, Paul Hill and Mary Hill, Appellee, v. WILLIAM A. WYMER and LOUISE HARMON, Appellants. PAUL HILL and MARY HILL, As Parents and Heirs of Deceased Theresa Hill, Appellees, v. WILLIAM A. WYMER and LOUISE HARMON, Appellants.

Supreme Court of Kansas.

Opinion filed January 22, 1972.

Attorney(s) appearing for the Case

Howard Harper, of Junction City, argued the cause, and Lee Hornbaker, Richard F. Waters and Bob Abbott, all of Junction City, were with him on the brief for the appellant, William A. Wymer.

Harold E. Doherty, of Topeka, argued the cause and was on the brief for the appellant, Louise Harmon.

Edwin D. Smith, of Topeka, argued the cause, and David H. Fisher, Donald Patterson and Charles K. Sayler, all of Topeka, were with him on the brief for the appellees.

The opinion of the court was delivered by

FOTH, C.:

The ultimate issue on this appeal is whether both drivers or only one should be liable for the injuries sustained by passengers in one of two cars involved in a head-on collision.

In the court below three cases were consolidated for trial and they come to this court as a single case. The plaintiffs were David and Michael Hill, minors, and their parents as heirs at law and next of kin of Theresa Hill...

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