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NOEL v. McCAIG

No. 38,977

174 Kan. 677 (1953)

258 P.2d 234

WILLIAM B. NOEL, by his wife and next friend, Mrs. W.B. Noel, Appellee, v. ALBERT E. McCAIG, doing business as McCAIG PLUMBING COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed June 6, 1953.

Attorney(s) appearing for the Case

James E. Smith, of Topeka, argued the cause and Harry W. Colmery, Arthur L. Claussen and E. Edward Johnson, all of Topeka, were with him on the briefs for the appellant.

James W. Porter, of Topeka, argued the cause and T.M. Lillard, O.B. Eidson, Philip H. Lewis, and Charles S. Fisher, Jr., all of Topeka, were with him on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, J.:

This was an action for damages alleged to have been sustained when a truck being driven by an agent of one of the defendants struck the plaintiff. The appeal is from an order overruling the demurrer of one of the defendants to the petition. That defendant has appealed.

The action was brought against the Menninger Foundation, a corporation, and Albert McCaig, doing business as the McCaig Plumbing...

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