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DAVISON v. EBY CONSTRUCTION CO.

No. 38,048

169 Kan. 256 (1950)

218 P.2d 219

CHARLES L. DAVISON (J.O. WILSON, Guardian of the Estate of CHARLES L. DAVISON, an Incompetent Person), Appellee, v. THE MARTIN K. EBY CONSTRUCTION COMPANY, INC., A Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed May 6, 1950.

Attorney(s) appearing for the Case

J. Ashford Manka, of Wichita, argued the cause, and Mark H. Adams, Charles E. Jones, Wm. I. Robinson, and Addison I. West, all of Wichita, were with him on the briefs for the appellant.

Wayne Coulson, of Wichita, argued the cause, and Hal M. Black, Howard T. Fleeson, Homer V. Gooing, Paul R. Kitch, Dale M. Stucky, and Donald R. Newkirk, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

This was an action for damages for personal injuries alleged to have been caused by the negligence of defendant. The appeal is from an order overruling defendant's demurrer to plaintiff's petition as amended and supplemented and from orders sustaining plaintiff's motion to strike portions of the defendant's answer.

In his petition, filed March 4, 1949...

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