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Buechner v. Trude

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eBook details

  • Title: Buechner v. Trude
  • Author : Supreme Court of Kansas
  • Release Date : January 23, 1954
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 52 KB

Description

The opinion of the court was delivered by This was an action brought by the husband to recover damages
for the wrongful death of his wife, resulting from a collision
between two automobiles. Defendant appeals from an order of the
trial court overruling his motion for judgment on the pleadings.
A brief narration of the pleadings insofar as necessary to
determine the question involved is as follows: The petition, omitting the formal parts, alleged that plaintiff
Fred Buechner (appellee), was the surviving spouse of the late
Bessie Buechner who died November 19, 1950; that no personal
representative has been appointed for her estate, and that he
brings the action pursuant to G.S. 1949, 60-3203 and 60-3204.
Plaintiff, with his wife as a guest passenger, drove his
automobile in an easterly direction on highway 24, and as he
approached the intersection at North Kansas Avenue he gave an
appropriate signal of his intention to make a left turn to
proceed north on Kansas Avenue and, after giving such signal for
a proper period of time, proceeded to make such a left turn
across the north or westbound lane of highway 24 and, while in
the process of so doing and having practically cleared the north
lane of highway 24, his car was struck near the middle of its
right side by an automobile being driven in a westerly direction
[175 Kan. 573]


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