Hoffman v. Dautel

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal from an order of the district court of Shawnee County, Kansas, overruling a motion to strike portions of the plaintiff’s petition in a damage action. The controlling question presented is whether such order is appealable.

On June 9, 1958, the plaintiff was riding in an automobile as a passenger with her husband and three children. As they were proceeding along a Kansas highway (U. S. Highway No. 40) west of Topeka in an easterly direction, the automobile in which the plaintiff was riding collided with the defendants’…