BIRT v. DRILLERS GAS CO.

No. 39,523

177 Kan. 299 (1955)

279 P.2d 280

ETHEL BIRT, Appellant, v. DRILLERS GAS COMPANY a Corporation, D.J. WARD, doing business as OBEE GROCERY, Appellees.

Supreme Court of Kansas.

Opinion filed January 22, 1955.


Attorney(s) appearing for the Case

Roy C. Davis, of Hutchinson, argued the cause, and Frank S. Hodge, Eugene A. White, Robert Y. Jones, H. Newlin Reynolds, Clyde A. Raleigh and Robert E. Upp, all of Hutchinson, were with him on the briefs for the appellant.

Donald R. Newkirk, of Wichita, argued the cause, and Howard T. Fleeson, Homer V. Gooing, Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Robert J. Hill, Gerrit H. Wormhoudt, and Theodore C. Geisert, all of Wichita, were with him on the briefs for appellee Ward.

D.C. Martindell and Jack C. Stewart, both of Hutchinson, argued the cause, and W.D.P. Carey, Wesley E. Brown, Edwin B. Brabets, R.J. Gilliland, John F. Hayes, C. William Miller, and R.C. Martindell, all of Hutchinson, were with them on the briefs for appellee Drillers Gas Company.


The opinion of the court was delivered by

PARKER, J.:

This was an action to recover damages for personal injuries sustained by plaintiff as a result of falling into a hole, alleged to have been dug by defendant Drillers Gas Company on the defendant Ward's land and allowed to remain uncovered without proper warning devices.

The pleadings are not in question and no attempt will be made to detail their contents. For all purposes here pertinent it may...

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