MISSOURI PACIFIC RLD. v. WEST LAKE QUARRY & MATERIAL

No. 43,877

194 Kan. 191 (1965)

398 P.2d 575

MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. WEST LAKE QUARRY & MATERIAL COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed January 23, 1965.


Attorney(s) appearing for the Case

Ralph M. Hope, of Wichita, argued the cause, and Maurice P. O'Keefe, Dolan McKelvy, Maurice P, O'Keefe, Jr., and Terence D. O'Keefe, all of Atchison, and W.F. Lilleston, George C. Spradling, Henry V. Gott, George Stallwitz, Ronald M. Gott, and Glenn D. Young, Jr., all of Wichita, were with him on the brief for the appellant.

J.W. Lowry, of Atchison, argued the cause, and William E. Stillings and Robert D. Caplinger, both of Atchison, and Willard L. Phillips, Patrick B. McAnany, Thomas M. Van Cleave, Jr., James J. Lysaught, and John J. Jurcyk, Jr., all of Kansas City, were with him on the briefs for the appellee.


The opinion of the court was delivered by

ROBB, J.:

This is an appeal from the trial court's order dated October 8, 1963, on a special appearance, sustaining defendant's motion to quash the service of summons on defendant, and from its order of October 30, 1963, overruling plaintiff's motion to reconsider.

On May 17, 1961, defendant by the operation of its quarry caused a landslide to come down on plaintiff's railroad tracks whereby plaintiff suffered...

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