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HUXOL v. NICKELL

No. 45,759

205 Kan. 718 (1970)

473 P.2d 90

VIRGIL HUXOL, Appellee, v. E.L. NICKELL, d/b/a NICKELL CONSTRUCTION COMPANY, Appellant, and AL M. ROME, d/b/a AL M. ROME DITCHING SERVICE, Appellee.

Supreme Court of Kansas.

Opinion filed July 17, 1970.

Attorney(s) appearing for the Case

Jerry M. Ward, of Hampton & Ward, of Great Bend, argued the cause, and Thomas C. Boone, of Hays, was with him on the brief for the appellant.

Norbert R. Dreiling, of Dreiling & Bieker, of Hays, argued the cause and was on the brief for the appellee Virgil Huxol.

Turner & Balloun, Chartered, of Great Bend, and Driscoll & Driscoll, of Russell, were on the brief for the appellee Al M. Rome, d/b/a Al M. Rome Ditching Service.

The opinion of the court was delivered by

HARMAN, C.:

This is an action for damages for personal injuries sustained by plaintiff Virgil Huxol as a result of falling into a hole on the Fort Hays Kansas State College campus. Plaintiff named as defendants a general contractor, E.L. Nickell, and a subcontractor, Al M. Rome, alleging negligence on the part of each. A jury trial resulted in a verdict for plaintiff against...

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