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CALLAHAN v. EBY CONSTRUCTION CO.

No. 43,743

192 Kan. 814 (1964)

391 P.2d 315

DICKIE CALLAHAN, Appellant, v. MARTIN K. EBY CONSTRUCTION CO., INC., AMERICAN EMPLOYERS INSURANCE CO., Appellees.

Supreme Court of Kansas.

Opinion filed April 11, 1964.

Attorney(s) appearing for the Case

Donald C. Vosburgh, of Fredonia, argued the case, and Rex A. Lafferty, of Fredonia, was with him on the briefs for the appellant.

John F. O'Brien, of Independence, argued the cause, and John P. Quinlan, of Independence, was with him on the brief for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

This is a workmen's compensation case. Claimant (appellant) Dickie Callahan, a 17-year-old youth, while employed by respondent (appellee) Martin K. Eby Construction Co., Inc. in connection with the work of putting up hay on a ranch owned by respondent, sustained an injury to his right eye resulting in industrial blindness.

The facts are as follows: During the day in question the hay baler broke down...

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