JOHNSON v. KILLION

No. 40,061

179 Kan. 571 (1956)

297 P.2d 177

FRED B. JOHNSON, Administrator of the Estate of Walter E. Keith, Deceased, Appellee, v. LYLE KILLION, doing business as Killion Service Stations, and EMPLOYERS MUTUAL CASUALTY COMPANY, Appellants.

Supreme Court of Kansas.

Opinion filed May 5, 1956.


Attorney(s) appearing for the Case

Robert N. Partridge, of Wichita, argued the cause, and George B. Powers, Samuel E. Bartlett, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, and Robert M. Siefkin, all of Wichita, were with him on the briefs for the appellants.

Mark L. Bennett, of Topeka, argued the cause, and John E. DuMars and Clayton M. Davis, both of Topeka, and John E. Wheeler, of Marion, and W.F. Lilleston, George C. Spradling, Henry V. Gott, George Stallwitz, and Ralph M. Hope, all of Wichita, were with him on the briefs for the appellee.


The opinion of the court was delivered by

PARKER, J.:

This, the second appeal from rulings on the pleadings, is an action to recover damages for wrongful death resulting from a collision between a motor fuel transport truck and a train at a railroad crossing. Defendants appeal from an order sustaining a motion to strike certain portions of their separate answers.

A review of the allegations of the amended petition is neither necessary nor required...

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