HOWERTON v. GOODYEAR TIRE & RUBBER CO.

No. 43,442

191 Kan. 449 (1963)

381 P.2d 365

FRANKIE GENE HOWERTON, Appellant, v. GOODYEAR TIRE AND RUBBER COMPANY of KANSAS, INC., and AETNA CASUALTY & SURETY COMPANY, Appellees.

Supreme Court of Kansas.

Opinion filed May 11, 1963.


Attorney(s) appearing for the Case

George E. McCullough, of Topeka, argued the cause, and W.L. Parker, Jr., Robert B. Wareheim, Reginald LaBunker and John Carpenter, of Topeka, were with him on the briefs for the appellant.

E. Gene McKinney, of Topeka, argued the cause, and O.B. Eidson, Philip H. Lewis, James W. Porter, Charles S. Fisher, Jr., William G. Haynes and Roscoe E. Long, of Topeka, were with him on the briefs for the appellees.


The opinion of the court was delivered by

WERTZ, J.:

This was a workmen's compensation case. We shall hereinafter refer to appellant Frankie Howerton as claimant and appellees Goodyear Tire and Rubber Company and its insurance carrier, Aetna Casualty & Surety Company, as respondent.

Claimant was awarded compensation by way of medical treatment based upon the findings that claimant suffered personal injury by accident which arose out of and in the...

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