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LACKEY v. PRICE

No. 42,726

190 Kan. 648 (1963)

378 P.2d 19

ERNEST LACKEY, Appellee, v. JESSE PRICE, JR., and BOB BOLTZ, Appellants.

Supreme Court of Kansas.

Opinion filed January 26, 1963.

Attorney(s) appearing for the Case

D. Stewart Oswalt, of Hutchinson, argued the cause, and Abraham Weinlood, Bill R. Cole and John H. Shaffer, all of Hutchinson, were with him on the brief for the appellants.

Richard L. Ankerholtz, of Lyons, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This was an action against defendants, Price and Boltz, for personal injuries sustained by plaintiff, Lackey, when a truck carrying liquefied petroleum (LP) gas was involved in an explosion. The explosion occurred at a time when the truck was being washed by Boltz — an employee of Price — inside the service station owned and operated by Price.

The action was brought and tried under...

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