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Blasi v. Miller

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eBook details

  • Title: Blasi v. Miller
  • Author : Supreme Court of Kansas
  • Release Date : January 09, 1957
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 47 KB

Description

The opinion of the court was delivered by This was an action to recover damages for personal injuries
sustained at about 1:15 a.m. on March 11, 1956, in a collision
between two motor vehicles at a point approximately one and
one-half miles east of the City of Wichita on U.S. Highway 54. At
the time of the accident the appellant (plaintiff), Patricia
Blasi, was a passenger in an automobile operated by one Erple
Byrd, which collided with the rear-end of an automobile operated
by appellee (defendant), Marlin C. Miller, a/k/a M. Clare Miller,
while both vehicles were proceeding in a westerly direction on
such highway. Issues were joined in the district court of
McPherson County respecting negligence on the part of all
individuals mentioned and the case was tried by a jury which
returned a verdict for the defendant. Upon the overruling of post
trial motions the Honorable Alfred G. Schroeder, who was then
trial judge of such court and is now ineligible to participate in
appellate review of his trial court rulings and decisions because
he is now a member of this court, approved the verdict and
rendered judgment in accord therewith. Thereupon plaintiff
appealed from such judgment and all intermediate rulings. For reasons to be presently stated it would serve no useful
purpose and add nothing to the body of our law to make detailed
reference to the contentions advanced by the parties in their
briefs and on oral argument respecting the merits of this appeal.
It suffices to say that after an extended conference regarding
its disposition, during which all briefs and oral arguments were
thoroughly discussed and carefully considered three of the
qualified members of this court are of the opinion the judgment
should be affirmed and three are convinced it should be reversed
and the cause remanded for a new trial.


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