Barker v. Zeckser

The opinion of the court was delivered by This was an action, commenced within one year from the date of
the accident, to recover damages for personal injuries and
property damage sustained by the plaintiff in a collision between
two motor vehicles on a public highway. The appeal is from an
order sustaining plaintiff's motion to strike portions of the
defendants' answer. The amended petition is not in controversy and need only be
detailed for the purpose of defining the issues. To that end it
may be said it charges the proximate cause of all damages
sustained and claimed by plaintiff was due to divers acts of
negligence on the part of defendant Zeckser, the defendant
Miller's truck driver, in driving into plaintiff's truck and
house trailer, while overtaking and attempting to pass those
vehicles on a public highway, at a
[179 Kan. 597]