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REXROAD v. KANSAS POWER & LIGHT CO.

No. 43,326

192 Kan. 343 (1964)

388 P.2d 832

L.W. REXROAD and JAY M. REXROAD, d/b/a L.W. Rexroad and Son, Appellees and Cross Appellants, v. THE KANSAS POWER AND LIGHT COMPANY, a Corporation, Appellant and Cross Appellee.

Supreme Court of Kansas.

Opinion filed January 25, 1964.

Attorney(s) appearing for the Case

William B. McElhenny, of Topeka, argued the cause, and Robert L. Webb, Ralph W. Oman, Philip E. Buzick, James D. Waugh, James L. Grimes, Jr. and Donald J. Horttor, all of Topeka, and E.S. Hampton, H.H. Dunham, Jr., John Q. Royce, Howard Engleman and C. Stanley Nelson, all of Salina, were with him on the brief for the appellant and cross appellee.

Thomas M. Lillard, Jr., of Salina, argued the cause, and C. L. Clark, James P. Mize and James T. Graves, all of Salina, were with him on the brief for the appellees and cross appellants.

The opinion of the court was delivered by

SCHROEDER, J.:

This is a negligence action arising out of a fire started when the plaintiffs' bulldozer severed a high pressure gas transmission line connection of the Kansas Power and Light Company (defendant-appellant-cross appellee) while doing certain street improvement work in the city of Assaria, Kansas. The bulldozer was a total loss as a result of the fire and a nearby house and its contents were consumed....

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