LUTZ v. INDEPENDENT CONSTRUCTION CO.

No. 41,117

183 Kan. 798 (1958)

332 P.2d 269

FRED E. LUTZ and PEARL LUTZ, Appellees, v. INDEPENDENT CONSTRUCTION CO., INC., Appellant.

Supreme Court of Kansas.

Opinion filed December 6, 1958.


Attorney(s) appearing for the Case

Leonard A. O'Neal, of Kansas City, Missouri, argued the cause, and Wilfred Wimmell, of Kansas City, Missouri, and Howard Payne, of Olathe, were with him on the briefs for the appellant.

Thomas E. Gleason, of Ottawa, argued the cause, and Douglas Gleason and Jules V. Doty, both of Ottawa, and Hollis B. Logan, of Topeka, were with him on the briefs for the appellees.


The opinion of the court was delivered by

PRICE, J.:

This is an action by landowners for damages arising out of the alleged negligent operation of defendant's hot-asphalt plant.

The amended petition (hereafter referred to as petition) seeks both actual and punitive damages. Defendant's demurrer to each cause of action on the ground that each fails to state facts sufficient to constitute a cause of action in favor of plaintiffs and against defendant...

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