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HOME INS. CO. v. ATCHISON, T. & S.F. RLY. CO.

No. 42,489

189 Kan. 316 (1962)

369 P.2d 338

THE HOME INSURANCE COMPANY, INC., Appellee, v. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed March 3, 1962.

Attorney(s) appearing for the Case

Charles W. Harris, of Wichita, argued the cause, and C.J. Putt, W.E. Treadway, J.B. Reeves and William A. Walton, all of Topeka, and Lawrence Weigand, of Wichita, were with him on the brief for the appellant.

Harry L. Hobson, of Wichita, argued the cause, and Emmet A. Blaes, Roetzel Jochems, Robert G. Braden, J. Francis Hesse, James W. Sargent, Stanley E. Wisdom, Cecil E. Merkel, Bruce W. Zuercher, Terrance J. Muth and Lawrence D. Klenda, all of Wichita, were with him on the brief for the appellee.

The opinion of the court was delivered by

PRICE, J.:

Twelve head of cattle were killed when struck by a Santa Fe passenger train. The owners thereof were paid the value of the cattle by their insurance company. The insurance company, under its subrogation rights, later brought suit against the Santa Fe to recover the amount so paid — charging negligence.

A jury found for plaintiff insurance company. Defendant railroad's post-trial motions were...

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