BALIN v. LYSLE RISHEL POST NO. 68

No. 39,615

177 Kan. 520 (1955)

280 P.2d 623

ALFRED BALIN, JR., Appellant, v. LYSLE RISHEL POST No. 68 AMERICAN LEGION, HUTCHINSON, KANSAS, a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed March 5, 1955.


Attorney(s) appearing for the Case

Ralph J. Thorne, of Hutchinson, argued the cause, and Charles E. Rauh, F. Duane Roberts, and Bryan Woodson, all of Hutchinson, were with him on the brief for the appellant.

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


The opinion of the court was delivered by

THIELE, J.:

This was an action in which the plaintiff sought to recover damages, sustained as the result of negligent use of firearms, from Lysle Rishel Post No. 68, American Legion, a corporation, and its employee Edd Wood, Jr. Hereafter the parties are referred to as the plaintiff, the corporation and as Wood.

The issues were formed by plaintiff's amended petition, which stated three causes of action, and...

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