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BRIGHT v. BRAGG

No. 39,089

175 Kan. 404 (1953)

264 P.2d 494

FRANK BRIGHT, Appellant, v. CLATE W. BRAGG, doing business as BRAGG FURNACE COMPANY, Appellee, and ADVANCE FURNACE COMPANY, Intervenor.

Supreme Court of Kansas.

Opinion filed December 12, 1953.

Attorney(s) appearing for the Case

Payne H. Ratner, Jr., of Wichita, argued the cause, and Payne H. Ratner, Louise Mattox, Gerald L. Michaud, Russell Cranmer, Dale B. Stinson, Jr., Starr Calvert, Jr., Carroll Pope and Keith Eales, all of Wichita, were with him on the briefs for the appellant.

Donald R. Newkirk, of Wichita, argued the cause, and Howard T. Fleeson, Homer V. Gooing, Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Gerrit H. Wormhoudt and Theodore C. Geisert, all of Wichita, were with him on the briefs for the appellee.

Sylvan Bruner, L.M. Resler, Morris Matuska, and Don Musser, all of Pittsburg, and Walter B. Patterson and Frank O'Brien, both of Fort Scott, were on the briefs amicus curiae.

The opinion of the court was delivered by

WEDELL, J.:

This was an action against Clate W. Bragg, doing business as Bragg Furnace Company, to recover damages for personal injuries sustained by plaintiff on defendant's premises where he helped unload and stack sheet metal under the latter's direction and supervision.

The trial court sustained defendant's demurrer to plaintiff's evidence. Plaintiff appeals.

The defendant was engaged in the trade...

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