Pinkerton v. Schwiethale

The opinion of the court was delivered by

Fromme, J.:

This appeal questions the constitutionality of K. S. A. 1971 Supp. 60-2006. This statute authorizes the allowance of a reasonable attorney fee as costs in actions on small claims of less than $500.00. The claims must be for damages caused by the negligent operation of motor vehicles. Attorneys’ fees are allowed only to the prevailing party if he recovers damages.

The appellant, Karl Schwiethale, contends the statute is constitutionally impermissible under the equal protection and due process clause of the United States Constitution (Amendment…