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EMPLOYERS' MUTUAL CASUALTY CO. v. MARTIN

No. 42,599

189 Kan. 498 (1962)

370 P.2d 110

EMPLOYERS' MUTUAL CASUALTY COMPANY and FLOYD C. PUCKETT, Appellants, v. PAUL M. MARTIN, JR., and LOUIS H. VALENTIN, Individually and Doing Business as VALENTIN SHEET METAL, Appellees.

Supreme Court of Kansas.

Opinion filed April 7, 1962.

Attorney(s) appearing for the Case

Robert A. Thiessen, of Wichita, argued the cause, and Donald I. Mitchell, Richard W. Holmes and Nicholas W. Klein, all of Wichita, were with him on the brief for the appellants.

Donald R. Newkirk, of Wichita, argued the cause, and Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Robert J. Hill, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, Robert T. Cornwell, Willard B. Thompson and David W. Buxton, all of Wichita, were with him on the brief for the appellees. Hugo T. Wedell and Homer V. Gooing, of counsel.

The opinion of the court was delivered by

PRICE, J.:

This was a subrogation action brought pursuant to the provisions of G.S. 1949, 44-504, as amended, and G.S. 1949, 44-532, to recover for personal injuries sustained by plaintiff, Floyd C. Puckett, a pedestrian, when struck by a truck owned by defendant, Valentin Sheet Metal, and being driven by defendant, Paul M. Martin, Jr.

No questions under the workmen's compensation act are involved in the case...

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