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HAMMETT v. SAN ORE CONSTRUCTION CO.

No. 44,111

195 Kan. 122 (1965)

402 P.2d 820

TOMMY HAMMETT a/k/a TOMMIE HAMMETT, Appellant, v. SAN ORE CONSTRUCTION COMPANY, INC., and JERRY DENNISON, Appellees.

Supreme Court of Kansas.

Opinion filed June 12, 1965.

Attorney(s) appearing for the Case

Roy E. Williams, of Kingman, argued the cause, and David H. Heilman, of Council Grove, was with him on the briefs for the appellant.

Robert C. Martindell, of Hutchinson, argued the cause, and D.C. Martindell, W.D.P. Carey, J.R. Hunter, H.H. Dunn, W.B. Swearer, E.F. Cabbage, and L.L. Anderson, all of Hutchinson, were with him on the briefs for the appellee, San Ore Construction Company, Inc.

John F. Hayes, of Hutchinson, argued the cause, and Robert J. Gilliland and Victor D. Goering, both of Hutchinson, were with him on the briefs for appellee, Jerry Dennison.

The opinion of the court was delivered by

PARKER, C.J.:

The all-decisive question involved in this case is whether the plaintiff (Tommy Hammett a/k/a Tommie Hammett), who is imprisoned in the Kansas State Penitentiary for a term less than life, may institute or maintain the instant action against the defendants (San Ore Construction Company Inc., and Jerry Dennison) to recover damages for personal injuries alleged to have been sustained by reason of their...

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