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DURNIL v. GRANT

No. 42,062

187 Kan. 327 (1960)

356 P.2d 872

W.H. DURNIL, Appellee, v. JACK GRANT d/b/a THE GRANT BILLINGSLEY FRUIT CO., Appellant (HARRY E. SMITH, Appellee), and FIDELITY AND CASUALTY COMPANY OF NEW YORK, Appellant.

Supreme Court of Kansas.

Opinion filed November 12, 1960.

Attorney(s) appearing for the Case

Harry E. Robbins, Jr., of Wichita, argued the cause, and Dwight S. Wallace and Donald C. Tinker, Jr., both of Wichita, were with him on the brief for the appellants.

Clifford L. Malone, of Wichita, argued the cause, and Mark H. Adams, Charles E. Jones, Wm. I. Robinson, J. Ashford Manka, Mark H. Adams, II, John S. Seeber and Floyd E. Jensen, all of Wichita, were with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal in a workmen's compensation case wherein the respondent and insurance carrier seek to reverse a judgment of the district court awarding the claimant compensation for injuries received in an accident.

The primary question is whether there is substantial competent evidence to support the trial court's finding that a contractual relationship existed between the claimant's immediate...

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