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FENLY v. REVELL

No. 38,180

170 Kan. 705 (1951)

228 P.2d 905

C.E. FENLY, Appellant, v. CLEO REVELL doing business as CLEO REVELL TRUCK SERVICE, and ARTHUR D. BRANSON, Appellees.

Supreme Court of Kansas.

Opinion filed March 10, 1951.

Attorney(s) appearing for the Case

Earl C. Moses, Jr., of Great Bend, argued the cause, and J. A. Mermis, Jr., of Great Bend, was with him on the briefs for the appellant.

Tudor W. Hampton, of Great Bend, argued the cause, and S.R. Blackburn and Ed R. Moses, both of Great Bend, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, J.:

The plaintiff instituted this action against the defendants to recover money he had paid a third party in settlement of damages sustained by the latter as a result of defendants' negligence while in his employ. The appeal is from a judgment sustaining a demurrer to an amended petition, based on grounds such pleading showed on its face the plaintiff was not the...

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