LARSEN v. EMPLOYERS MUTUAL CASUALTY CO.

No. 42,818

190 Kan. 284 (1962)

374 P.2d 47

CARL LARSEN, Appellee, v. EMPLOYERS MUTUAL CASUALTY COMPANY OF DES MOINES, IOWA, a Corporation; TOM BROWN and BUD KERN, a Co-Partnership d/b/a B-K WELL SERVICE, Appellees, v. HERNDON DRILLING COMPANY, a Corporation, and LYNES, INC., a Corporation, Appellants.

Supreme Court of Kansas.

Opinion filed August 28, 1962.


Attorney(s) appearing for the Case

Marion W. Chipman, of Hill City, and Gerald Sawatzky, of Wichita, argued the cause, and George B. Powers, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris, Donald L. Cordes and Robert L. Howard, all of Wichita, were with them on the brief for the appellant, Herndon Drilling Company.

W.A. Kahrs, of Wichita, argued the cause, and Robert H. Nelson, H.W. Fanning and Richard C. Hite, all of Wichita, and Marvin Thompson, of Russell, were with him on the brief for appellant, Lynes, Inc.

J. Eugene Balloun, of Great Bend, and D.A. Hindman, of Stockton, argued the cause, and H. Lee Turner, of Great Bend, H.D. Oelschlaeger, of Plainville, and Stanley Krysl, of Stockton, were with them on the brief for the appellees.


The opinion of the court was delivered by

PRICE, J.:

Although the preliminary procedural aspects of this case were somewhat out of the ordinary — essentially the action was one by an injured workman against alleged negligent third party tort-feasors to recover for his injuries — under the provisions of G.S. 1959 Supp. 44-504.

Because of the disposition we feel compelled to make of the appeal only a brief statement of the case is necessary...

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