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FYNE v. EMMETT

No. 38,289

171 Kan. 383 (1951)

233 P.2d 496

ODESSA FYNE, Appellee, v. S. EMMETT, Appellant.

Supreme Court of Kansas.

Opinion filed July 3, 1951.

Attorney(s) appearing for the Case

Harold E. Doherty, of Topeka, argued the cause, and G. Clay Baker and John A. Bausch, both of Topeka, were with him on the briefs for the appellant.

Harry K. Allen, of Topeka, argued the cause, and L.M. Ascough, of Topeka, was with him on the briefs for the appellee.

The opinion of the court was delivered by

THIELE, J.:

This was an action to recover damages for injuries sustained by plaintiff when an automobile in which she was riding as a guest struck a culvert and upset. The defendant's demurrer to plaintiff's amended petition was overruled and he appeals.

As the result of the sustaining, in part, of a motion to make definite and certain, the plaintiff filed an amended petition in which she alleged that on April...

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