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GORRELL v. KANSAS POWER & LIGHT CO.

No. 42,552

189 Kan. 374 (1962)

369 P.2d 342

FRED GORRELL, Appellant, v. KANSAS POWER AND LIGHT COMPANY, a Kansas Corporation, Appellee, PENNSYLVANIA THRESHERMEN AND FARMERS MUTUAL CASUALTY INSURANCE COMPANY, Intervenor.

Supreme Court of Kansas.

Opinion filed March 3, 1962.

Attorney(s) appearing for the Case

Keith Martin, of Mission, argued the cause, and Robert Duncan, of Atchison, was with him on the brief for the appellant.

Robert E. Russell, of Topeka, and Terrence D. O'Keefe, of Atchison, argued the cause, and Harry W. Colmery, James E. Smith, Lawrence D. Munns and O.R. Stites, Jr., all of Topeka, were with them on the brief for the appellee.

The opinion of the court was delivered by

PRICE, J.:

The controlling question in this case concerns the right of an employer's insurance carrier to intervene and actively participate in the trial of a common-law action for negligence brought by an injured workman within one year from the date of his injuries.

On July 29, 1959, plaintiff workman, Fred Gorrell, an employee of one Barnes, was engaged in painting an apartment house. During the course of...

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