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SHUCK v. HENDERSHOT

No. 41,521

185 Kan. 673 (1959)

347 P.2d 362

REX SHUCK, Appellee, v. DALE HENDERSHOT, JOSEPH SINGLETON and DONALD SMITH, Appellants.

Supreme Court of Kansas.

Opinion filed December 12, 1959.

Attorney(s) appearing for the Case

L.M. Ascough, of Topeka, argued the cause, and C.K. Sayler and John A. Bausch, both of Topeka, and Maurice A. Wildgen, Glee S. Smith and Donald L. Burnett, all of Larned, were with him on the brief for the appellants, Dale Hendershot and Joseph Singleton.

Jerry M. Ward, of Great Bend, argued the cause, and Tudor W. Hampton and Herbert Rohleder, both of Great Bend, were with him on the brief for the appellant, Donald Smith.

Morgan Wright, of Larned, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This is a common-law action for damages for personal injury based on alleged negligence of defendants.

The joint demurrer of defendants Hendershot and Singleton, and the separate demurrer of defendant Smith, to the amended petition (hereafter referred to as petition), were overruled. The appeal is from those rulings.

The basic question involved is whether the petition shows on its face that...

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