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GUERRA v. JAEGER

No. 45,496

204 Kan. 309 (1969)

461 P.2d 737

ONOFRE GUERRA, Appellee, v. J. CHARLES JAEGER and WILLIAM Q. JAEGER, Appellants.

Supreme Court of Kansas.

Opinion filed December 6, 1969.

Attorney(s) appearing for the Case

James W. Wallace, of Scott City, argued the cause and was on the brief for the appellants.

Dale E. Saffels, of Garden City, argued the cause, and A.M. Fleming, Lloyd H. Haag and Clifford R. Hope, Jr., all of Garden City, were with him on the brief for the appellee.

The opinion of the court was delivered by

HATCHER, C.:

This appeal stems from a controversy over liability for an eye injury incurred while a farm laborer was engaged in applying anhydrous ammonia to the soil with farm equipment.

Plaintiff when first employed by defendants operated a farm tractor. In 1963 he relieved a fellow worker in applying anhydrous ammonia for about a week and one-half. During such time he filled the tank approximately thirty...

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