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POPEJOY CONSTRUCTION CO. v. CRIST

No. 47,261

214 Kan. 704 (1974)

522 P.2d 180

POPEJOY CONSTRUCTION CO., Appellee, v. LELAND CRIST, Appellant.

Supreme Court of Kansas.

Opinion filed May 11, 1974.

Attorney(s) appearing for the Case

J. Stephen Nyswonger, of Braun and Nyswonger, of Garden City, argued the cause, and Lelyn J. Braun, of the same firm, was with him on the brief for the appellant.

Raymond L. Dahlberg, of Turner, Chartered, of Great Bend, argued the cause and Lee Turner, of the same firm, was with him on the brief for the appellee.

The opinion of the court was delivered by

FOTH, C.:

This is an automobile-truck collision case. Plaintiff Popejoy Construction Co. brought suit for the cost of repairs to its truck and for the loss of its use; defendant Leland Crist counter-claimed for his personal injuries and the destruction of his automobile. The jury, in answer to special questions, found the defendant automobile driver negligent in driving at an excessive speed, in excess of the posted...

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