MAUST v. IOERGER

No. 39,633

177 Kan. 558 (1955)

280 P.2d 566

J.W. MAUST and CLIFFORD DITTMER, Appellees and Cross-Appellants, v. DARRELL IOERGER and WILLIAM IOERGER, Appellants and Cross-Appellees.

Supreme Court of Kansas.

Opinion filed March 5, 1955.


Attorney(s) appearing for the Case

Martin S. Hall and Max D. Hall, both of Anthony, argued the cause and were on the briefs for the appellants and cross-appellees.

Ronald D. Albright, of Anthony, argued the cause and Donald Muir and W.G. Muir, both of Anthony, were with him on the briefs for the appellees and cross-appellants.


The opinion of the court was delivered by

SMITH, J.:

This was an action for damages alleged to have been sustained when a truck being driven by an employee of defendants collided with a combine of plaintiffs being pulled on a trailer behind a truck. Judgment was for the plaintiffs. Defendants have appealed. The plaintiffs have cross-appealed as to the amount of damages.

The petition was in two causes of action. The first one alleged

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