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SMITH v. DODGE CITY RENDERING CO.

No. 39,078

175 Kan. 243 (1953)

263 P.2d 237

W.C. SMITH, Appellant, v. DODGE CITY RENDERING COMPANY, a corporation; MARYLAND CASUALTY COMPANY, a corporation; MRS. TRINIDAD VALESQUEZ BYAS, Appellees.

Supreme Court of Kansas.

Opinion filed November 7, 1953.

Attorney(s) appearing for the Case

Ronald N. Kaarbo, of Liberal, argued the cause; Richard A. Hickey and Rex Allan Neubauer, both of Liberal; and Collis R. Harner, of Dodge City, were with him on the briefs for the appellant.

William P. Thompson, of Wichita, argued the cause; Bill Wood and Maxine Wood, both of Liberal; and A.W. Hershberger, J.B. Patterson, Richard Jones, H.E. Jones and Jerome E. Jones, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, J.:

This was an action for property damages alleged to have been sustained when a truck operated in the business of one of defendants collided with a truck and trailer owned by plaintiff. The appeal is from an order sustaining the demurrer to the petition of one of defendants.

The petition alleged that the Dodge City Rendering Company owned a truck licensed as a private carrier under a certificate of...

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