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ERB v. ATCHISON, TOPEKA & SANTA FE RLY. CO.

No. 40,171

180 Kan. 60 (1956)

299 P.2d 35

PEARL EARL ERB, Appellee, v. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed June 30, 1956.

Attorney(s) appearing for the Case

Edwin M. Wheeler, of Topeka, argued the cause, and C.J. Putt, W.E. Treadway and J.B. Reeves, all of Topeka, were with him on the briefs for the appellant.

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

The opinion of the court was delivered by

PRICE, J.:

This was a common-law action to recover for personal injuries received as a result of the alleged negligence of defendant. Defendant has appealed from an order striking portions of its answer.

Plaintiff's injuries were sustained on September 2, 1953, and the action was filed on August 31, 1955.

Briefly stated, plaintiff's petition alleges that on September 2, 1953, he was employed by the...

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