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JONES v. CITY OF DODGE CITY

No. 44,065

194 Kan. 777 (1965)

402 P.2d 108

JOHN D. JONES, Appellee, v. CITY OF DODGE CITY, KANSAS and PHOENIX ASSURANCE COMPANY OF NEW YORK, Appellants.

Supreme Court of Kansas.

Opinion filed May 15, 1965.

Attorney(s) appearing for the Case

J.J. Mangan, of Dodge City, argued the cause, and was on the briefs for the appellants.

R.R. Mitchell, of Dodge City, argued the cause, and W.C. Gould and Don C. Smith, of Dodge City, were with him on the briefs for the appellee.

The opinion of the court was delivered by

FATZER, J.:

This was a workmen's compensation case. The district court found that the claimant, John D. Jones, was in the employ of respondent city on March 22, 1962, and that he sustained injury by accident arising out of and in the course of that employment on that date.

In the words of the respondent city and its insurance carrier (respondent), the principal question involved is the contention that: "There...

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