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SCHAUF v. PETER KIEWIT & SONS CO.

No. 41,944

187 Kan. 180 (1960)

354 P.2d 687

HERMAN P. SCHAUF, Appellant, v. PETER KIEWIT & SONS COMPANY, a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed August 4, 1960.

Attorney(s) appearing for the Case

John Callahan, of Wichita, argued the cause and was on the briefs for the appellant.

Robert T. Cornwell, of Wichita, argued the cause, and Wayne E. Coulson, Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Robert J. Hill, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, and Willard B. Thompson, all of Wichita, were with him on the briefs for the appellee. Hugo T. Wedell and Homer V. Gooing, both of Wichita, of counsel.

The opinion of the court was delivered by

PARKER, C.J.:

This is an action for property damages sustained as the result of a collision between two motor trucks. The appeal is from an order sustaining a demurrer to plaintiff's fourth amended petition.

A summary of the proceedings had in the court below will insure a proper understanding of the decisive question involved.

Plaintiff commenced this lawsuit...

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