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WINN v. SAMPSON CONSTRUCTION CO.

No. 43,744

194 Kan. 136 (1965)

398 P.2d 272

JAMES G. WINN, as Trustee of the Millers Profit Sharing Trust, Appellee, v. SAMPSON CONSTRUCTION CO., INC., a Corporation, Appellant, v. JAMES G. WINN and ABILENE FLOUR MILLS COMPANY, a Corporation, Defendants to Cross Petition, Appellees.

Supreme Court of Kansas.

Opinion filed January 23, 1965.

Attorney(s) appearing for the Case

Wayne Coulson, of Wichita, argued the cause, and John Jay Darrah, Phillip S. Mellor, Charles A. Sparks, Jr., Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Robert J. Hill, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, Robert T. Cornwell, Willard B. Thompson and David W. Buxton, all of Wichita, and Homer V. Gooing and Hugo T. Wedell, of Counsel, were with him on the briefs for the appellant.

Robert N. Partridge of Wichita, argued the cause, and George B. Powers, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, Robert M. Siefkin, Richard C. Harris, Gerald Sawatzky, Donald L. Cordes, Robert L. Howard, Charles J. Woodin, Mikel L. Stout, Ronald K. Badger and Benjamin C. Langel, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

HATCHER, C.:

This was an action for damages for alleged negligence in designing and constructing a grain storage elevator which resulted in a partial collapse of the structure.

The facts as disclosed by the testimony, which was necessarily extensive and highly technical, will be summarized.

In 1958, the plaintiff, James G. Winn, was named as a trustee of a...

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