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WINFOUGH v. TRI-STATE INSURANCE CO.

No. 40,676

182 Kan. 95 (1957)

319 P.2d 161

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 December 7, 1957.

Attorney(s) appearing for the Case

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

Donald R. Newkirk, of Wichita argued the cause, and Homer V. Gooing, Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Robert J. Hill, Gerrit H. Wormhoudt, Theodore C. Geisert; and Philip Kassebaum, all of Wichita, were with him on the briefs for the appellees.

The opinion of the court was delivered by

HALL, J.:

This is an appeal from an order overruling a motion for new trial.

Appellant specifies as error that the court did not agree with the verdict of the jury and should have granted the plaintiff, appellant herein, a new trial as a matter of law.

The case has been previously before this court (Winfough v. Tri-State Insurance Co.,

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