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HEIM v. WERTH

No. 47,318

214 Kan. 855 (1974)

522 P.2d 389

AMBROSE HEIM, Appellant, v. DONALD WERTH, Appellee.

Supreme Court of Kansas.

Opinion filed May 11, 1974.

Attorney(s) appearing for the Case

Frank C. Norton and William L. Winkley, Salina, were on the brief for the appellant.

Howard G. Engleman, Salina, was on the brief for the appellee.

MEMORANDUM OPINION

NEGLIGENCE — Guest Statute Unconstitutional — Case Remanded.

Per Curiam:

This is an appeal in a damage action wherein Ambrose Heim (plaintiff-appellant) sustained injuries alleged to have been caused by the negligence of Donald Werth (defendant-appellee), while Heim was a passenger in Werth's automobile. Only simple negligence was alleged in the petition, and the trial court sustained defendant's motion...

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