TABER v. TOLE LANDSCAPE CO.

No. 40,599

181 Kan. 616 (1957)

313 P.2d 290

MARION A. TABER, Appellee, v. WILLIAM TOLE, d/b/a TOLE LANDSCAPE COMPANY, and CENTRAL SURETY & INSURANCE CORPORATION, Appellants.

Supreme Court of Kansas.

Opinion filed July 3, 1957.


Attorney(s) appearing for the Case

P.K. Smith, of Wichita, argued the cause, and F.C. McMaster and William P. Higgins, both of Wichita, were with him on the briefs for the appellants.

Otto J. Koerner, of Wichita, argued the cause and was on the briefs for the appellee.


The opinion of the court was delivered by

PRICE, J.:

This is a workmen's compensation case. The question involved is whether, under the facts and circumstances shown, injury resulting from a heatstroke is compensable. The commissioner and trial court held that it is, and the employer and its insurance carrier have appealed.

Claimant had lived in Independence all of his life. In the summer of 1953 he joined the army and served in various localities...

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