WHITE v. THOMPSON

No. 40,953

183 Kan. 133 (1958)

325 P.2d 28

VERNON O. WHITE, Appellee, v. GUY A. THOMPSON, Trustee, Missouri Pacific Railroad Company, Appellant.

Supreme Court of Kansas.

Opinion filed May 10, 1958.


Attorney(s) appearing for the Case

Ralph M. Hope, of Wichita, argued the cause, and Leo Armstrong and Paul Armstrong, both of Columbus, and W.F. Lilleston, George C. Spradling, Henry V. Gott, George Stallwitz, Richard W. Stavely, Charles S. Lindberg and Ronald M. Gott, all of Wichita, were with him on the briefs for the appellant.

D. Clifford Allison, of Wichita, argued the cause, and Joe L. Henbest, of Columbus, and Payne H. Ratner, Louise Mattox, Payne H. Ratner, Jr., Russell Cranmer, Dale B. Stinson, Jr., Cliff W. Ratner, William L. Fry, A. Wayne Murphy, Bernard V. Borst, Gerald D. Lasswell and Edmund R. Learned, all of Wichita, were with him on the briefs for the appellee.


The opinion of the court was delivered by

WERTZ, J.:

This was an action to recover under the Federal Employers' Liability Act for personal injuries alleged to have been sustained by plaintiff as a result of defendant's negligence. From an order of the trial court sustaining plaintiff's motion to strike defendant's second amended answer for the reason that it failed to state a defense under the Act, defendant appeals...

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