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RUDY v. WHALEY

No. 42,137

188 Kan. 118 (1961)

360 P.2d 863

H. MILTON RUDY and RUSSELL A. IRION, Appellants, v. LOUIS WHALEY and L.G. CRAFT, d/b/a Craft Oil Company, Appellees.

Supreme Court of Kansas.

Opinion filed April 8, 1961.

Attorney(s) appearing for the Case

A. Martin Millard, of Wichita, and P.C. Frazee, of Syracuse, were on the briefs for the appellants.

A.M. Fleming and Bert J. Vance, of Garden City, James S. Terrill, of Syracuse, and Charles H. Fleming, of Scott City, were on the briefs for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

This was an action to recover for property damage sustained by the plaintiffs (appellants), H. Milton Rudy and Russell A. Irion, as a result of a fire alleged to have been negligently caused by the defendants (appellees), Louis Whaley and L.G. Craft, d/b/a Craft Oil Company.

Plaintiffs' cause of action accrued August 31, 1956. They filed their original petition...

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