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EISMAN v. MARTIN

Nos. 38,988, 38,989

174 Kan. 726 (1953)

258 P.2d 296

MARILYN EISMAN, Appellee, v. HUGH MARTIN, also known as High Martin and JOE M. O'FFILL, an individual, doing business as Joe M. O'ffill Motor Company, Appellants. EUGENE v. EISMAN, Appellee, v. HUGH MARTIN, also known as High Martin and JOE M. O'FFILL, an individual, doing business as Joe M. O'ffill Motor Company, Appellants.

Supreme Court of Kansas.

Opinion filed June 6, 1953.

Attorney(s) appearing for the Case

Henry W. Buck, of Kansas City, Mo., argued the cause and John Morrison, Robert Hecker, William B. Cozad, and Randolph P. Rogers, all of Kansas City, Mo., were with him on the briefs for Hugh Martin, appellant; N.E. Snyder, of Kansas City, Kan., argued the cause for Joe O'ffill, appellant, and was on the briefs.

Buford E. Braly, of Kansas City, Kan., argued the cause for the appellees.

The opinion of the court was delivered by

SMITH, J.:

These are actions to recover damages when an automobile driven by plaintiff in one of the cases and in which plaintiff in the other case was a passenger collided with a car being driven by one of the defendants while on business and an agent for the other. The appeal is from an order of the trial court overruling defendants' demurrer to the second amended petition of plaintiff and the third petition of the...

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