FEGER v. CONCRETE MATERIALS & CONSTRUCTION CO.

No. 38,444

172 Kan. 75 (1951)

238 P.2d 708

JOE FEGER, a minor by Floyd Feger and Grace Feger, his father and mother, natural guardians and next friends, Appellee, v. CONCRETE MATERIALS AND CONSTRUCTION COMPANY, ELZA MOWBRY, and DAN JOHNSON, Appellants. (Winfield Stone Company and W.O. Homer, Defendants.)

Supreme Court of Kansas.

Opinion filed December 8, 1951.


Attorney(s) appearing for the Case

J.A. Herlocker, of Winfield, argued the cause, and Laurence M. Turner, of Moline, and Harry O. Janicke, of Winfield, were with him on the briefs for the appellants.

Stewart S. Bloss, of Winfield, argued the cause, and W.L. Cunningham, D. Arthur Walker, Wm. E. Cunningham, and William R. Howard, all of Arkansas City, were with him on the briefs for the appellee.


The opinion of the court was delivered by

WEDELL, J.:

This is an appeal by some of the defendants from an order overruling their joint demurrer to plaintiff's petition in a damage action.

The action was instituted for and on behalf of Joe Feger, a minor, by Floyd and Grace Feger, his father and mother, and as his natural guardians and next friends. The petition insofar as here material, in substance, alleged:

The defendant, Concrete Materials...

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