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MILLER v. HUFFMAN

No. 43,292

191 Kan. 570 (1963)

382 P.2d 464

C.P. MILLER, Appellant, v. LYLE HUFFMAN, Defendant, and S.M. LaRUE, d/b/a ECONOMY CONSTRUCTION CO., Appellee.

Supreme Court of Kansas.

Opinion filed June 8, 1963.

Attorney(s) appearing for the Case

Tom Crossan, of Independence, argued the cause and was on the briefs for the appellant.

Paul L. Wilbert, of Pittsburg, argued the cause, and Randall D. Palmer, E. Carter Botkin, and Alois R. Bieber, all of Pittsburg, were with him on the briefs for appellee, S.M. LaRue, d/b/a Economy Construction Company.

The opinion of the court was delivered by

PARKER, C.J.:

This is an appeal from an order of the district court sustaining a motion to enjoin and suppress the taking of the deposition of an adverse party.

The plaintiff, C.P. Miller, filed an action in Montgomery County against the defendants, Lyle Huffman and S.M. LaRue, for negligent injury. The injury is alleged to have occurred while the defendants were engaged in the demolition of a building in the...

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