GENEVA HENDRIX, Appellant and Appellee, as to Appellant Fortner,
v.
PHILLIPS PETROLEUM CO., Appellee, as to Appellant Hendrix, and MARION N. FORTNER, Appellant, as to Appellee Hendrix. and LESTER O. GARRETT, Appellant and Appellee, as to Appellant Fortner,
v.
PHILLIPS PETROLEUM CO., Appellee, as to Appellant Garrett, and MARION N. FORTNER, Appellant, as to Appellee Garrett.
Supreme Court of Kansas.https://leagle.com/images/logo.png
Opinion filed April 12, 1969.
Opinion filed April 12, 1969.
Attorney(s) appearing for the Case
Darrell D. Kellogg, of Wichita, argued the cause, and W.A. Kahrs, Robert H. Nelson, H.W. Fanning, Richard C. Hite, Roger Sherwood, Richard L. Honeyman, and Larry A. Withers, all of Wichita, were with him on the briefs for appellant, Marion N. Fortner.
Gerald L. Michaud, of Wichita, argued the cause, and Orval L. Fisher, Russell Cranmer, M. William Syrios, Kenneth L. Ingham, Bradley Post, and Jim L. Lawing, all of Wichita, were with him on the brief for Lester O. Garrett, appellant and appellee, as to appellant Marion N. Fortner.
Gerald L. Michaud, of Wichita, argued the cause for Geneva Hendrix, appellant and appellee, as to appellant Marion N. Fortner. Albert Kamas, Richard A. Render, Ronald L. Nieto, Ward V. Lawrence and Kerry J. Granger, all of Wichita, were on the brief for Geneva Hendrix, appellant and appellee, as to appellant Marion N. Fortner.
Robert C. Foulston, of Wichita, argued the cause, and George B. Powers, John F. Eberhardt, Stuart R. Carter, Malcolm Miller, Robert N. Patridge, Robert M. Siefkin, Richard C. Harris, Gerald Sawatzky, Donald L. Cordes, Robert L. Howard, Charles J. Woodin, Mikel L. Stout, Benjamin C. Langel, Jerry G. Elliott, John E. Foulston, Stanley G. Andeel, and John E. Neal, all of Wichita, were with him on the brief for appellee, Phillips Petroleum Co.; William J. Zeman, Lloyd J. Mentor and Charles H. Purdy, all of Bartlesville, Oklahoma, of counsel.
Supreme Court of Kansas.
The opinion of the court was delivered by
KAUL, J.:
These two consolidated cases stem from an explosion of liquified petroleum gas (hereafter referred to as L.P. gas) in the farm home of R.C. and Charlotte Dykeman on July 31, 1963. As a result of the explosion John B. Hendrix was killed, Lester O. Garrett and R.C. Dykeman suffered personal injuries, and the Dykeman home was destroyed.
John B. Hendrix, deceased, and Garrett were employees of the
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