JONES v. WINN

No. 40,065

179 Kan. 587 (1956)

297 P.2d 199

HARVEY D. JONES, Appellee, v. LARRY WINN and JACK SENTER, Co-Partners doing business under the Firm Name and Style of WINN-SENTER CONSTRUCTION COMPANY, and WINN-SENTER CONSTRUCTION COMPANY, a corporation, Appellants.

Supreme Court of Kansas.

Opinion filed May 5, 1956.


Attorney(s) appearing for the Case

David R. Hardy, of Kansas City, Mo., argued the cause, and John E. Blake, Bill E. Fabian, and Robert E. Fabian, all of Kansas City, and Sam B. Sebree, Edgar Shook, James H. Ottman, and Lane D. Bauer, all of Kansas City, Mo., were with him on the briefs for the appellants.

Thomas E. Joyce, of Kansas City, argued the cause, and Joseph Cohen, Charles S. Schnider, John E. Shamberg, Joseph P. Jenkins, and Harold K. Wells, all of Kansas City, were with him on the briefs for the appellee.


The opinion of the court was delivered by

ROBB, J.:

Defendants appeal from an order of the trial court overruling their demurrer to plaintiff's evidence introduced in an action for damages based on negligence.

Since no question was raised about the pleadings, they need not be set out, and we will proceed directly to the question of whether plaintiff's evidence sufficiently constituted a cause of action based on negligence when challenged by defendants...

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