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WHITAKER v. DOUGLAS

No. 39,493

177 Kan. 154 (1954)

277 P.2d 641

PERCY WHITAKER, Appellant, v. WILLIAM H. DOUGLAS, R.A. DOUGLAS, and M.M. DOUGLAS, doing business as DOUGLAS CONSTRUCTION COMPANY, a Co-partnership, Appellees.

Supreme Court of Kansas.

Opinion filed December 11, 1954.

Attorney(s) appearing for the Case

Herbert A. Marshall, of Topeka, argued the cause, and Allen Meyers, Philip C. Gault, and Doral H. Hawks, all of Topeka, were with him on the briefs for the appellant.

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

The opinion of the court was delivered by

WERTZ, J.:

This was a common law action to recover damages for personal injuries alleged to have been caused by the negligence of the defendants. Plaintiff appeals from the order of the trial court sustaining defendants' motion for judgment on the pleadings.

The pertinent part of the petition alleged plaintiff's residence; that the defendants were co-partners engaged...

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