NOEL v. MENNINGER FOUNDATION

No. 40,056

180 Kan. 23 (1956)

299 P.2d 38

WILLIAM B. NOEL, Appellant, v. THE MENNINGER FOUNDATION, a Corporation, and ALBERT E. McCAIG, doing business as McCaig Plumbing Company, Appellees.

Supreme Court of Kansas.

Opinion filed June 30, 1956.


Attorney(s) appearing for the Case

T.M. Lillard, of Topeka, argued the cause, and O.B. Eidson, Philip H. Lewis, James W. Porter, Charles S. Fisher, and Sidney C. Hunt, all of Topeka, were with him on the briefs for the appellant.

Ralph W. Oman, of Topeka, argued the cause, and Robert L. Webb, Philip E. Buzick, Robert A. McClure, and James D. Waugh, all of Topeka, were with him on the briefs for appellee, The Menninger Foundation.

Arthur L. Claussen, of Topeka, argued the cause, and Harry W. Colmery, James E. Smith, and E. Edward Johnson, all of Topeka were with him on the briefs for appellee, Albert E. McCaig.


The opinion of the court was delivered by

ROBB, J.:

This appeal is taken from an order of the trial court sustaining the demurrer of each appellee to the evidence of appellant in an action to recover damages for personal injuries caused by the concurrent negligent acts of appellees.

This case has previously been before this court. Appellant's amended petition was twice attacked by demurrers in the court below and an appeal was taken in each instance...

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