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JOHNSON v. BONDURANT

No. 42,002

187 Kan. 637 (1961)

359 P.2d 861

CARLYS H. JOHNSON, Appellant, v. ERNEST E. BONDURANT, Appellee.

Supreme Court of Kansas.

Opinion filed March 4, 1961.

Attorney(s) appearing for the Case

Jacob F. May, of Kansas City, argued the cause, and Joseph Cohen, Charles S. Schnider, John E. Shamberg, Joseph P. Jenkins, Barton P. Cohen, Norma Braly and Frederick K. Cross, all of Kansas City, were with him on the brief for the appellant.

W.C. Jones, of Olathe, argued the cause, and John W. Breyfogle, Jr., of Olathe, was with him on the brief for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This case presents a rather novel and unusual question. The action was brought to recover for personal injuries sustained by plaintiff as a result of the alleged negligent operation of defendant's truck while being used on a construction project. During the pendency of the action defendant, who was covered by a liability policy of insurance, was adjudged a bankrupt...

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