TRAPP v. STANDARD OIL CO.

No. 39,203

176 Kan. 39 (1954)

269 P.2d 469

LEONARD F. TRAPP, Appellee, v. STANDARD OIL COMPANY, a Corporation, THOMAS PARKER, SR., and ORVAL POWELL, Appellants, et al.

Supreme Court of Kansas.

Opinion filed April 10, 1954.


Attorney(s) appearing for the Case

Richard A. Barber, of Lawrence, argued the cause, and Jack C. Maxwell, of Lawrence, was with him on the briefs for the appellant, Standard Oil Company; O.B. Eidson, of Topeka, argued the cause, and Thomas M. Lillard, Philip H. Lewis and James W. Porter, all of Topeka, were with him on the briefs for the appellant, Thomas Parker, Sr.; and Henry H. Asher, Clarence M Gorrill and Alan F. Asher, all of Lawrence, were on the briefs for the appellant, Orval Powell.

John A. Bausch, of Topeka, argued the cause, and L.M. Ascough and C.K. Saylor, both 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 defendants negligently permitted gasoline to escape from a tank and one of the defendants set fire to it, causing damage to plaintiff's automobile. The demurrer of some of defendants to plaintiff's amended petition was overruled. These defendants have appealed.

The plaintiff filed a petition to which motions to order him to make it...

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