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WHITAKER v. DOUGLAS

No. 39,888

179 Kan. 64 (1956)

292 P.2d 688

PERCY WHITAKER, Appellant, v. WILLIAM H. DOUGLAS, et al., Appellees.

Supreme Court of Kansas.

Opinion filed January 28, 1956.

Attorney(s) appearing for the Case

Herbert A. Marshall, of Topeka, argued the cause, and Allen Meyers, Philip C. Gault, and Doral H. Hawks, all of Topeka, were with him on the briefs for the appellant.

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

The opinion of the court was delivered by

HARVEY, C.J.:

This was a common law action for damages for personal injuries sustained by plaintiff, which were alleged to have been caused by the negligence of defendants.

The petition filed May 18, 1953, gave the residence of the parties and alleged that the individual defendants were copartners engaged in the construction business and were doing business under the firm name of Douglas Construction Company...

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