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GARRISON v. HAMIL

No. 39,427

176 Kan. 548 (1954)

271 P.2d 307

DORTHY GARRISON, Appellee, v. (HAL R. HAMIL, and) ST. LOUIS AND SAN FRANCISCO RAILWAY COMPANY, a corporation, Appellant.

Supreme Court of Kansas.

Opinion filed June 12, 1954.

Attorney(s) appearing for the Case

Henry V. Gott, of Wichita, argued the cause, and W.F. Lilleston, of Wichita, was with him on the briefs for the appellant.

Justus H. Fugate, of Wichita, argued the cause, and was on the briefs for the appellee.

The opinion of the court was delivered by

WEDELL, J.:

Plaintiff instituted an action against Hal R. Hamil and the St. Louis and San Francisco Railway Company, to recover damages for personal injuries and property damage. The defendant Hamil is not involved in this appeal. The other defendant appeals from an order overruling its general demurrer to plaintiff's petition. The material portion of the petition, in substance, alleged:

On December 2, 1952...

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