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VAN ROYEN v. OSBORN

No. 40,328

181 Kan. 39 (1957)

309 P.2d 630

ENOS VAN ROYEN, Appellee, v. FRED OSBORN, Appellant.

Supreme Court of Kansas.

Opinion filed April 6, 1957.

Attorney(s) appearing for the Case

Laurence M. Turner, of Moline, argued the cause, and Darrel H. Vinette, and Kathryn S. Tarwater, both of Howard, were with him on the briefs for the appellant.

Richard W. Moss, of El Dorado, argued the cause, and William E. Cunningham and William R. Howard, both of Arkansas City, were with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal from an order of the trial court overruling appellant's demurrer to appellee's petition.

The petition substantially stated that on April 22, 1953, appellee was in appellant's employ as a truck driver. He was sent to Wichita in appellant's truck to pick up a load of canned oil and sacked feed and to return to appellant's place of business in Elk Falls with the load. On the return...

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