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KINSCH v. MISSOURI-KANSAS-TEXAS RAILROAD CO.

No. 40,516

181 Kan. 354 (1957)

310 P.2d 903

RALPH D. KINSCH, Appellant, v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed May 11, 1957.

Attorney(s) appearing for the Case

Thomas E. Joyce, of Kansas City, argued the cause, and Joseph Cohen, Charles S. Schnider, John E. Shamberg, Joseph P. Jenkins, Albert M. Ross, all of Kansas City, and Howard M. Metzenbaum, Elmer I. Schwartz, and Robert Disbro, all of Cleveland, Ohio, were with him on the briefs for the appellant.

Herman W. Smith, Jr., of Parsons, argued the cause, and Lloyd W. Jones, Elmer W. Columbia, and John B. Markham, all of Parsons, 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 sustaining appellee's motion to quash the service of summons.

Summons was issued out of the district court of Labette county, sitting at Parsons, in a damage action for personal injuries. The pertinent part of the return of the sheriff of that county is as follows:

"Received this Summons on the 25 day of Jan 1956 at 1 o'clock P.M. and served...

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