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CHRISTENSEN v. BUILDERS SAND CO.

No. 40,385

180 Kan. 761 (1957)

308 P.2d 69

CHESTER G. CHRISTENSEN, Appellee, v. BUILDERS SAND COMPANY, a Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed March 9, 1957.

Attorney(s) appearing for the Case

Leonard O. Thomas, of Kansas City, argued the cause, and Arthur J. Stanley, Jr., J.E. Schroeder, Lee E. Weeks, J.D. Lysaught, Richard Millsap, Robert H. Bingham and Ervin G. Johnston, all of Kansas City, were with him on the briefs for the appellant.

Joseph P. Jenkins, of Kansas City, argued the cause, and Joseph Cohen, Charles S. Schnider, John E. Shamberg, Thomas E. Joyce, Albert M. Ross and Charles W. Lowder, all of Kansas City, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PRICE, J.:

On November 5, 1953, while plaintiff was driving on a highway in Wyandotte County, his car was struck in the rear by a truck loaded with sand driven by one Teeter. Plaintiff sustained personal injuries and other damage and brought this action against defendant, Builders Sand Company, a corporation, on the theory that, as alleged in the petition, Teeter at the time and place in question was the agent, servant...

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