HOBELMAN v. KREBS CONSTRUCTION CO.

No. 42,588

188 Kan. 825 (1961)

366 P.2d 270

HERMAN HOBELMAN, Appellee (Claimant), v. MEL KREBS CONSTRUCTION COMPANY (Respondent), TRI-STATE INSURANCE COMPANY (Insurance Carrier), Appellants, and JOE KREUTZER CONSTRUCTION COMPANY (Respondent), WESTERN CASUALTY AND SURETY COMPANY (Insurance Carrier), Appellees and Cross-Appellants.

Supreme Court of Kansas.

Opinion filed November 10, 1961.


Attorney(s) appearing for the Case

A.M. Fleming and Bert J. Vance, both of Garden City, and Charles H. Fleming, of Scott City, were on the briefs for the appellants, Mel Krebs Construction Company and Tri-State Insurance Company.

Lloyd H. Haag, Dale E. Saffels and Clifford R. Hope, Jr., all of Garden City, were on the briefs for the appellees and cross-appellants, Joe Kreutzer Construction Company and Western Casualty and Surety Company.


The opinion of the court was delivered by

PARKER, C.J.:

This is a workmen's compensation case in which the award to the employee is not in dispute. In this appeal the only questions presented to the court are (1) whether the employers, and their respective insurance carriers, are jointly liable for payment of the award and (2) if so, which of such respondents is primarily liable for the payment.

Counsel for the contesting parties have filed a joint...

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