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BILLUPS v. AMERICAN SURETY CO.

No. 38,168

170 Kan. 666 (1951)

228 P.2d 731

C.J. BILLUPS and E. VON LEHE, a co-partnership, doing business as "B" TRUCK LINES, Appellees, v. AMERICAN SURETY COMPANY, a Corporation; JOHN ELSESSER, Sheboygan, Wis.; THE HENSEL TRANSFER & WAREHOUSE COMPANY, a Corporation, Sheboygan, Wis.; MARYLAND CASUALTY COMPANY, a Corporation; and MERLE WILKENING, Riley, Kan., Appellants.

Supreme Court of Kansas.

Opinion filed March 10, 1951.

Attorney(s) appearing for the Case

Ralph W. Oman, of Topeka, argued the cause, and Robert Stone, James A. McClure, Robert L. Webb, and Robert A. McClure, all of Topeka, were with him on the briefs for the appellants, American Surety Company, John Elsesser, The Hensel Transfer & Warehouse Company.

O.B. Eidson, of Topeka, argued the cause, and T.M. Lillard, Philip H. Lewis, and James W. Porter, all of Topeka, were with him on the briefs for the appellants, Maryland Casualty Company and Merle Wilkening.

Harold E. Doherty, of Topeka, argued the cause, and G. Clay Baker, Howard F. McCue and Roy N. McCue, all of Topeka, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, J.:

Plaintiffs, as partners, brought this action in September, 1949, against the defendants to recover damages to their tractor truck and for loss of the use thereof, all claimed to have been sustained by them as the result of an accident and collision between three motor trucks on the public highway near Manhattan.

All issues involved on appeal relate to the...

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