PINKERTON v. SCHWIETHALE

No. 46,201

208 Kan. 596 (1972)

493 P.2d 200

DAVE PINKERTON, Appellee, v. KARL SCHWIETHALE, Appellant.

Supreme Court of Kansas.

Opinion filed January 22, 1972.


Attorney(s) appearing for the Case

Richard D. Ewy, of Foulston, Siefkin, Powers and Eberhardt, of Wichita, argued the cause and was on the brief for the appellant.

James L. Pinkerton, of Merkel and Pinkerton, of Wichita, argued the cause and was on the brief for the appellee.


The opinion of the court was delivered by

FROMME, J.:

This appeal questions the constitutionality of K.S.A. 1971 Supp. 60-2006. This statute authorizes the allowance of a reasonable attorney fee as costs in actions on small claims of less than $500.00. The claims must be for damages caused by the negligent operation of motor vehicles. Attorneys' fees are allowed only to the prevailing party if he recovers damages.

The appellant, Karl Schwiethale, contends...

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