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WADDLE v. BRODBECK

No. 39,365

176 Kan. 583 (1954)

272 P.2d 1066

JOAN WADDLE, a minor by JOE S. WADDLE, her father and next friend, Appellee, v. FRED BRODBECK and LEWIS SCHRADER, Partners, doing business under the firm name and style of BRODBECK-SCHRADER SHOWS, Appellants.

Supreme Court of Kansas.

Opinion filed July 6, 1954.

Attorney(s) appearing for the Case

Wendell S. Holmes, of Hutchinson, argued the cause, and F. B. Hettinger, of Hutchinson, and John A. Etling, of Kinsley, were with him on the briefs for the appellants.

S.R. Blackburn, of Great Bend, argued the cause, and Harry G. Wiles, of St. John, and Tudor W. Hampton, and Jerry M. Ward, both of Great Bend, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This was an action for damages for personal injuries predicated on the doctrine of res ipsa loquitur. From a verdict and judgment in favor of the plaintiff, defendants appeal. There is no controversy over the extent of plaintiff's injuries nor the amount of the verdict — if plaintiff is entitled to recover. Inasmuch as the only argument presented here...

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