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KANSAS TRANSPORT COMPANY v. BROWNING

Nos. 4971, 4972.

219 F.2d 890 (1955)

KANSAS TRANSPORT COMPANY, Commercial Standard Insurance Company and Harold M. Kennard, Appellants, v. William Thomas BROWNING, Appellee. William Thomas BROWNING, Cross-Appellant, v. KANSAS TRANSPORT COMPANY, Commercial Standard Insurance Company and Harold M. Kennard, Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

February 11, 1955.

Attorney(s) appearing for the Case

Paul R. Kitch, Wichita, Kan. (Howard T. Fleeson, Homer V. Gooing, Wayne Coulson and Theodore C. Geisert, Wichita, Kan., were with him on the brief), for appellants and cross-appellees.

C. H. Morris, Wichita, Kan., (Paul Harkey, Idabel, Okl., and Robert F. Bailey, Wichita, Kan., were with him on the brief), for appellee and cross-appellant.

Before MURRAH and PICKETT, Circuit Judge, and SAVAGE, District Judge.

MURRAH, Circuit Judge.

This is an appeal from a judgment of the District Court on a jury verdict in favor of the appellee, for personal injuries and property damages arising out of an accident in which the appellee's truck collided with a standing truck of appellant, Kansas Transport Company, on Highway 81 near Salina, Kansas. The appellee, Browning, has cross-appealed, complaining of the refusal of the trial court to increase the verdict, or in the alternative, grant...

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