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VAUGHN v. MURRAY

No. 47,236

214 Kan. 456 (1974)

521 P.2d 262

GENE L. VAUGHN, Appellant, v. GARY G. MURRAY, Appellee, and LLOYD L. FEATHERSTON, Appellee and Cross-Appellant.

Supreme Court of Kansas.

Opinion filed April 6, 1974.

Attorney(s) appearing for the Case

U.M. Hoover, of Overland Park, argued the cause and was on the brief for the appellant.

Fred N. Six, of Barber, Emerson, Six, Springer & Zinn, of Lawrence, argued the cause, and Thomas V. Murray, of the same firm, was with him on the brief for the appellee.

J.H. Eschmann, of Ascough, Bausch & Eschmann, of Topeka, argued the cause, and Gene Riling, of Riling, Riling & Burkhead, of Lawrence, was with him on the brief for the appellee and cross-appellant.

The opinion of the court was delivered by

FROMME, J.:

This action was brought by a passenger (Gene L. Vaughn) against the owner-operator of an automobile (Gary G. Murray) and against the owner of a cow (Lloyd L. Featherston). The cow wandered onto a county road during the nighttime and was struck by the automobile. Summary judgment was entered in favor of the owner-operator of the automobile as against the passenger. A motion for summary judgment by the owner...

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