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ASPELIN v. MOUNKES

No. 45,830

206 Kan. 132 (1970)

476 P.2d 620

EDWARD ASPELIN, and ORAL WEEKS, Appellants, v. R.J. MOUNKES, a/k/a ROBERT J. MOUNKES, Appellee, and FARM BUREAU MUTUAL INSURANCE COMPANY, Defendant.

Supreme Court of Kansas.

Opinion filed November 7, 1970.

Attorney(s) appearing for the Case

David H. Heilman, of Council Grove, argued the cause and was on the brief for the appellants.

George Forbes, of Emporia, argued the cause, and Thomas A. Krueger and Roy U. Jordan, both of Emporia, were with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This is a negligence action for personal injuries sustained by two persons in a fall from a barn which they were reroofing at the defendant owner's request.

Separate claims filed by the plaintiffs were consolidated and heard in trial to the court. At the conclusion of plaintiffs' evidence the trial court sustained that which has been denominated throughout...

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