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McCRACKEN v. STEWART

No. 37,999

170 Kan. 129 (1950)

223 P.2d 963

OWEN BRUCE McCRACKEN, Appellee, v. E.C. STEWART and O.H. STEWART, a partnership, doing business as GLOBE CONSTRUCTION COMPANY, Appellants.

Supreme Court of Kansas.

Opinion filed November 10, 1950.

Attorney(s) appearing for the Case

Arnold C. Todd, of Wichita, argued the cause, and D. Emmett Foley, also of Wichita, was with him on the briefs for the appellants.

Patrick J. Warnick, of Wichita, argued the cause, and Alan B. Phares and Clyde M. Simon, also of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This was an action brought by appellee to recover damages for personal injuries suffered when the truck he was driving went into the excavated portion of a street being repaired by defendand construction company, alleged to have been caused by defendants' negligence in failing to have proper barriers or warning lights. Defendants appeal from a jury verdict for plaintiff...

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