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BREWER v. HEARNE MOTOR FREIGHT LINES, INC.

No. 40,118

179 Kan. 732 (1956)

297 P.2d 1108

MAX BREWER and RALPH BREWER, doing business as BREWER BROS. IMPLEMENT COMPANY, Appellees, v. HEARNE MOTOR FREIGHT LINES, INC., Appellant, and THE SANTA FE TRAIL TRANSPORTATION COMPANY, Defendant.

Supreme Court of Kansas.

Opinion filed June 9, 1956.

Attorney(s) appearing for the Case

John William Wood, of Liberal, argued the cause, and Grover L. Bryan, also of Liberal, was with him on the briefs for the appellant.

D.O. Concannon, of Hugoton, argued the cause, and was on the briefs for the appellees.

The opinion of the court was delivered by

THIELE, J.:

This was an action originally commenced by plaintiffs on March 10, 1954, to recover damages from Hearne Motor Freight Lines, Inc., hereafter referred to as Hearne, for failure to deliver goods being transported by it as a common carrier. On some date not disclosed by the abstract, Santa Fe Trial Transportation Company was made a party defendant, but at the trial, judgment was rendered in its favor, no party...

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