COOPER v. EBERLY

No. 46,503

211 Kan. 657 (1973)

508 P.2d 943

GARY J. COOPER and PAUL D. COOPER, by and through their father, natural guardian and friend, PERRY COOPER, and PERRY COOPER, individually, Appellees, v. MERL M. EBERLY, d/b/a MERL EBERLY RECREATION FARMS, Appellant.

Supreme Court of Kansas.

Opinion filed April 7, 1973.


Attorney(s) appearing for the Case

Richard C. Hite, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, argued the cause, and Philip Kassebaum of Kassebaum & Rees, of Wichita, was with him on the brief for the appellant.

Brian G. Grace, of Weigand, Curfman, Brainerd, Harris & Kaufman, of Wichita, argued the cause, and O.J. Kaufman, of the same firm, was with him on the brief for the appellees.


The opinion of the court was delivered by

SCHROEDER, J.:

This is an action based on common law negligence and arose out of injuries received by the plaintiffs when an automobile driven by the plaintiff Gary Joe Cooper struck a horse belonging to the defendant on a regularly traveled highway in Sedgwick County, Kansas. The case was tried to the court, sitting without a jury, and resulted in a judgment for the plaintiffs in the sum of $56,035.03. Appeal has...

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