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GRAVES v. NATIONAL MUTUAL CASUALTY CO.

No. 37,817

169 Kan. 547 (1950)

220 P.2d 180

WM. H. GRAVES, JOHN GRAVES, DWIGHT GRAVES and LOWELL GRAVES, copartners, doing business as GRAVES TRUCK SERVICE, Appellees, v. THE NATIONAL MUTUAL CASUALTY COMPANY, an Oklahoma corporation, Appellant, W.E. RUPPELIUS, doing business as WINFIELD TRANSFER AND STORAGE COMPANY, Appellant, VICTOR GARDINIER, Appellee, the HAWKEYE CASUALTY COMPANY, Appellee, and MARTIN E. JARVIS, Administrator of the Estate of Enoch R. Stamper, deceased, Appellant.

Supreme Court of Kansas.

Opinion filed July 8, 1950.

Attorney(s) appearing for the Case

Bernard Peterson, of Newton, argued the cause, and J. Rodney Stone, of Newton, was with him on the briefs for the appellant, Martin E. Jarvis, Administrator of Estate of Enoch R. Stamper, Deceased.

D. Arthur Walker, of Arkansas City, argued the cause, and W. L. Cunningham and Wm. E. Cunningham, both of Arkansas City, were with him on the briefs for the appellant, W.E. Ruppelius.

W.S. Norris, of Salina, argued the cause, and was on the briefs for the appellant, National Mutual Casualty Company.

E.S. Hampton and H.G. Engleman, of Salina, argued the cause, and LaRue Royce, H.H. Dunham, Jr., and John Q. Royce, all of Salina, and Claude I. Depew, W.E. Stanley, Lawrence Weigand, William C. Hook, and Lawrence E. Curfman, all of Wichita, were with them on the briefs for the appellees.

The opinion of the court was delivered by

HARVEY, C.J.:

This action involved the relative liability of the parties arising from a collision of two trucks about six miles south of Newton on U.S. Highway No. 81. One of the trucks was owned by a partnership doing business as Graves Truck Service. It consisted of a White tractor and an Omaha Standard semitrailer equipped for the hauling of livestock. It was empty and its total weight was about 16,000 pounds. It...

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