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SMITH v. ESTATE OF HALL

No. 47,200

215 Kan. 262 (1974)

524 P.2d 684

QUENTIN E. SMITH, Appellee, v. The Estate of Vernon O. Hall, Deceased, Appellant.

Supreme Court of Kansas.

Opinion filed July 17, 1974.

Attorney(s) appearing for the Case

Harold E. Doherty, of Topeka, argued the cause, and Darrell E. Miller and Mortimer A. Berlin, also of Topeka, were with him on the brief for the appellant.

Richard D. Heeney, of Galloway, Wiegers, Sprouse and Heeney, of Marysville, argued the cause, and Robert F. Galloway, of the same firm, was with him on the brief for the appellee.

The opinion of the court was delivered by

FOTH, C.:

This personal injury action arises out of a motorcycle automobile collision which occurred at an intersection in the city of Marysville, Kansas, on September 1, 1967. Plaintiff Quentin F. Smith, a high school student, was riding the motorcycle. Vernon O. Hall, driver of the automobile, died of independent causes in 1969, at the age of 65, and this action was initiated...

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