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CRETEN v. CHICAGO, ROCK ISLAND & PAC. RLD. CO.

No. 41,049

184 Kan. 387 (1959)

337 P.2d 1003

ARTHUR CRETEN, Appellee, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, a Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed April 11, 1959.

Attorney(s) appearing for the Case

Clayton M. Davis, of Topeka, argued the cause, and Thomas M. Van Cleave, Willard L. Phillips, Patrick B. McAnany and Thomas M. Van Cleve, Jr., all of Kansas City, and Mark L. Bennett, of Topeka, were with him on the briefs for appellant.

Leonard O. Thomas, of Kansas City, argued the cause, and 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 appellee.

The opinion of the court was delivered by

FATZER, J.:

This was an action for damages arising out of the collision between a Rock Island passenger train and an irrigation pump mounted on a two-wheel trailer owned by the plaintiff, Arthur Creten. George Scott, Marvin LaRue, the Union Pacific Railroad Company and the Chicago, Rock Island and Pacific Railroad Company were named defendants. Service of summons was not made on Scott and neither he nor LaRue were...

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