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WORDEN v. UNION GAS SYSTEM

No. 40,850

182 Kan. 686 (1958)

324 P.2d 501

O. FLORINE WORDEN, Appellee, v. UNION GAS SYSTEM, INC., THE SKELLY OIL COMPANY, MODERN BUILDERS, INC., and CHARLES P. TRAGER, Appellants.

Supreme Court of Kansas.

Opinion filed April 12, 1958.

Attorney(s) appearing for the Case

Howard E. Payne, of Olathe, argued the cause, and Howard T. Payne, of Olathe, and Blake A. Williamson, James K. Cubbison, Lee Vaughan, Donald A. Hardy and A.C. Cooke, all of Kansas City, were with him on the briefs for the appellant Union Gas System, Inc.

John J. Alder, of Kansas City, argued the cause, and Harley V. Haskin, of Olathe, was with him on the brief for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This appeal raises the question of the sufficiency of the petition to state a cause of action based on the doctrine of res ipsa loquitur. The trial court overruled demurrers to the amended petition by each of the four defendants. This appeal is by defendant Union Gas System, Inc.

Plaintiff (appellee) is the owner of a private dwelling in Olathe. Defendant (appellant) Union Gas owns and maintains...

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