Wise v. Brock

The opinion of the court was delivered by

Price, J.:

The underlying question in this case concerns the right of a plaintiff to dismiss an action.

On a date not shown, plaintiff, by his attorneys, John J. Alder, of Kansas City, and Richard D. Rogers, of Manhattan, filed an action to recover damages in the amount of $38,006.87, resulting from an automobile collision. Included in the damages alleged was an item for damage to plaintiff’s car in the amount of $1,742.30.

Defendant, through his attorney, Harold E. Doherty, of Topeka, filed an answer denying negligence, and alleging contributory…