DAVIS v. JOE WARD CONSTRUCTION CO.

No. 44,616

197 Kan. 589 (1966)

419 P.2d 918

A.E. DAVIS, Appellee, v. JOE WARD CONSTRUCTION COMPANY and EMPLOYERS MUTUAL CASUALTY COMPANY, Appellants.

Supreme Court of Kansas.

Opinion filed November 5, 1966.


Attorney(s) appearing for the Case

H. Lee Turner, of Great Bend, argued the cause, and J. Eugene Balloun and James Berglund, of Great Bend, were with him on the briefs for appellants.

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


The opinion of the court was delivered by

FATZER, J.:

The claimant was awarded workmen's compensation in the proceedings before the workmen's compensation director and in the district court. The respondent employer and the insurance carrier appeal. For purposes of brevity, both appellants are hereafter referred to as respondents.

On May 22, 1963, the claimant, A.E. Davis, a 53-year-old carpenter, was on his way to work when his automobile and a train...

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