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BLUE STEM FEED YARDS v. CRAFT

No. 43,180

191 Kan. 605 (1963)

383 P.2d 540

BLUE STEM FEED YARDS, INC., Appellant, v. CHARLES CRAFT, Defendant, and RUNNELS W. COX, Also Known as R.W. COX and JOHN T. COX, Partners, Doing Business in the Name of TOM J. COX AND SONS, CONTRACTORS, Appellees.

Supreme Court of Kansas.

Opinion filed July 10, 1963.

Attorney(s) appearing for the Case

George Stallwitz, of Wichita, and Russ B. Anderson, of Emporia, argued the cause, and Owen S. Samuel, of Emporia, was with them on the brief for the appellant.

Samuel Mellinger, of Emporia, argued the cause, and John G. Atherton, of Emporia, was with him on the brief for the appellees.

The opinion of the court was delivered by

PRICE, J.:

Plaintiff corporation was the owner of three large sheep-feeding barns which were destroyed by fire. It brought this action to recover its loss. The petition was framed upon the doctrine of res ipsa loquitur.

Defendant Craft answered, and is not involved in this appeal.

Defendants Cox demurred to the petition on the ground it failed to contain allegations sufficient to constitute a...

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