TALLEY v. SKELLY OIL CO.

No. 44,981

199 Kan. 767 (1967)

433 P.2d 425

MARVIN H. TALLEY, Appellee, v. THE SKELLY OIL COMPANY, a Corporation, DENNIS DRESSLER, d/b/a DRESSLER AND COMPANY, and AVALON HEATING AND AIR CONDITIONING, INC., a Corporation, Appellants.

Supreme Court of Kansas.

Opinion filed November 13, 1967.


Attorney(s) appearing for the Case

Sam Oliver, of Tulsa, Oklahoma, and Arthur L. Claussen, of Topeka, argued the cause, and A. Harry Crane, Ward D. Martin, Harvey D. Ashworth, and John R. Hamilton, all of Topeka, were with them on the brief for the appellant, The Skelly Oil Company.

Herbert A. Marshall, of Topeka, argued the cause, and Doral H. Hawks, E. Gene McKinney, and Wayne E. Hundley, all of Topeka, were with him on the brief for the appellant, Dennis Dressler, d/b/a Dressler and Company.

John A. Bausch, of Topeka, argued the cause, and L.M. Ascough and J.H. Eschmann, both of Topeka, were with him on the brief for the appellant, Avalon Heating and Air Conditioning, Inc.

Charles H. Rooney, Sr., of Topeka, argued the cause, and Charles H. Rooney, Jr., and Arthur A. Glassman, both of Topeka, were with him on the brief for the appellee.

C.J. Putt, O.B. Eidson, Clayton M. Davis, all of Topeka, and Henry V. Gott and Ralph M. Hope, both of Wichita, were on the brief amici curiae.


The opinion of the court was delivered by

FONTRON, J.:

This action was instituted by the plaintiff, Marvin H. Talley, to recover damages for personal injuries suffered when an overhead heater slipped from its moorings and fell, striking him in the back. A substantial judgment was recovered against all three defendants and they in unison have appealed.

At the time of the accident plaintiff operated the Skelly service station at the intersection of Topeka...

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