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MILWAUKEE INS. CO. v. GAS SERVICE CO.

No. 41,328

185 Kan. 604 (1959)

347 P.2d 394

MILWAUKEE INSURANCE COMPANY, Appellant, v. GAS SERVICE COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed December 12, 1959.

Attorney(s) appearing for the Case

Wm. P. Thompson, of Wichita, argued the cause, and A.W. Hershberger, Richard Jones, H.E. Jones, Jerome E. Jones, Robert J. Roth and William R. Smith, all of Wichita, were with him on the briefs for the appellant.

P.K. Smith and F.C. McMaster, of Wichita, argued the cause, and William P. Higgins and Stanford J. Smith, both of Wichita, were with them on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This was an action by the Milwaukee Insurance Company, plaintiff (appellant), which was subrogated to the rights of its assureds, the McDonalds, to recover from the Gas Service Company, defendant (appellee), one-half the amount paid its assureds for property damage caused by a gas explosion.

Plaintiff's petition, in substance, alleged negligence on the part of defendant gas company in failing and...

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