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TRAVELERS INS. CO. v. HULME

No. 37,736

168 Kan. 483 (1950)

213 P.2d 645

THE TRAVELERS INSURANCE COMPANY, a Corporation, Appellee, v. CHARLES HULME, Doing Business As the GREAT BEND MOTOR COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed January 28, 1950.

Attorney(s) appearing for the Case

Phil H. Lewis, of Topeka, argued the cause, and R.C. Russell and Isabel Obee, both of Great Bend, and T.M. Lillard, O.B. Eidson, and James W. Porter, all of Topeka, were with him on the briefs for the appellant.

Tudor W. Hampton, of Great Bend, argued the cause, and S.P. Blackburn, Barton Carothers and Ed. R. Moses, also of Great Bend, were with him on the briefs for the appellee.

The opinion of the court was delivered by

ARN, J.:

An insurance company brought this action against a garage operator to recover for the loss of a Buick automobile destroyed by fire while said automobile was in the garage operator's place of business undergoing repairs to its gasoline line and tank. The defendant garage operator's demurrer to plaintiff's petition was overruled by the trial court and defendant appealed.

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