WINFOUGH v. TRI-STATE INSURANCE CO.

No. 40,029

179 Kan. 525 (1956)

297 P.2d 159

BERNARD O. WINFOUGH, Appellant, v. TRI-STATE INSURANCE COMPANY, a Corporation; EMILE TRUHLAR, J.L. CHEW and CHARLOTTE CHEW, doing business as C & S WELL SERVICE COMPANY, a Partnership; RICHARD STECKLEIN; ANTON J. KLAUS, doing business as ANTON J. KLAUS TRUCK SERVICE, Hays, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed May 5, 1956.


Attorney(s) appearing for the Case

Stanley Krysl, of Stockton, argued the cause, and Arthur C. Hodgson, of Lyons, and D.A. Hindman, of Stockton, were with him on the briefs for the appellant.

Robert Y. Jones, of Hutchinson, argued the cause, and Roy C. Davis, Frank S. Hodge, Eugene A. White, and H. Newlin Reynolds, all of Hutchinson, were with him on the briefs for appellees Richard Stecklein, Anton J. Klaus, doing business as Anton J. Klaus Truck Service, Hays, Kansas, and Tri-State Insurance Company, a Corporation.

Donald R. Newkirk, of Wichita, argued the cause, and Howard T. Fleeson, Homer V. Gooing, Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Robert J. Hill, Gerrit Wormhoudt, and Theodore C. Geisert, all of Wichita, were with him on the briefs for appellees Emile Truhlar, J.L. Chew and Charlotte Chew, doing business as C & S Well Service Company, a Partnership.


The opinion of the court was delivered by

THIELE, J.:

This was an action in which plaintiff sought to recover damages arising from the operation of three motor vehicles as later set forth. Demurrers of the defendants to his amended petition as amended were sustained and he appeals.

On October 9, 1954, plaintiff filed his amended petition and as a result of defendants' motions, on February 26, 1955, he filed amendments thereto. For our purposes, we...

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