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BOTTENBERG IMPLEMENT CO. v. SHEFFIELD

No. 38,216

171 Kan. 67 (1951)

229 P.2d 1004

BOTTENBERG IMPLEMENT CO., INC., Appellee, v. J.B. SHEFFIELD and M.C. FINNEY, Appellants.

Supreme Court of Kansas.

Opinion filed April 7, 1951.

Attorney(s) appearing for the Case

Phil H. Lewis, of Topeka, argued the cause, and T.M. Lillard, O.B. Eidson and James W. Porter, all of Topeka, were with him on the briefs for the appellants.

I.B. Wilcox, of Holton, argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

THIELE, J.:

This was an action to recover damages sustained by plaintiff when its truck collided with a semitrailer truck owned by the defendants. Plaintiff prevailed and defendants appeal.

Briefly stated and as disclosed by the pleadings as finally framed, the plaintiff alleged that on April 7, 1949, at 10:30 P.M. defendants who were driving a semitrailer truck south on U.S. Highway No. 75 north of Holton...

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