CHICAGO, R.I. & PAC. RLD. CO. v. AETNA INS. CO.

No. 40,327

180 Kan. 730 (1957)

308 P.2d 119

CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, a corporation, Appellee, v. AETNA INSURANCE COMPANY, a corporation, et al., Appellants.

Supreme Court of Kansas.

Opinion filed March 9, 1957.


Attorney(s) appearing for the Case

Donald N. Clausen, of Chicago, Ill., and Donald C. Little, of Kansas City, argued the cause, and Frank L. Bates, of Kansas City, was with them on the briefs for the appellants.

Clayton M. Davis, of Topeka, argued the cause, and Mark L. Bennett, of Topeka, and Thomas M. Van Cleave, Willard L. Phillips, Thomas M. Van Cleave, Jr., and James J. Lysaught, all of Kansas City and Ralph M. Jones, of Kansas City, Missouri, were with him on the briefs for the appellee.


The opinion of the court was delivered by

ROBB, J.:

This was a damage action brought by plaintiff to recover under an insurance policy issued by forty-seven defendants under the name and style of the Underwriters Grain Association. The jury returned a verdict for plaintiff, the trial court set the verdict aside, granted a new trial, and defendants appealed from the order of the trial court overruling a demurrer to plaintiff's evidence and a motion for a directed...

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