Muhn Ex Rel. Muhn v. Schell

The opinion of the court was delivered by

Hatcher, C.:

This is an appeal by the operator of an automobile from a judgment in favor of two injured guests. The judgment is challenged for insufficiency of the evidence and impropriety of the instructions on the question of “gross and wanton negligence.”

The facts which tend to support the verdict in favor of plaintiffs, most of which are not in dispute, will be first stated.

The defendant, Kerin L. Schell, was a Kansas University student, nineteen years of age. On the evening of April 2, 1962, Kerin was taking his sister, Bonnie, to court to cover a…