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BALLHORST v. HAHNER-FOREMAN-CALE, INC.

No. 45,934

207 Kan. 89 (1971)

484 P.2d 38

NEWTON BALLHORST, Appellee, v. HAHNER-FOREMAN-CALE, INC., Appellant.

Supreme Court of Kansas.

Opinion filed April 10, 1971.

Attorney(s) appearing for the Case

Warren H. Kopke, of Great Bend, argued the cause, and Kenneth L. Kerns, of Great Bend, was with him on the brief for the appellant.

Terry G. Paup, of Topeka, argued the cause; Turner and Balloun, Chartered, of Great Bend, was on the brief for the appellee.

The opinion of the court was delivered by

KAUL, J.:

Defendant-appellant, Hahner-Forman-Cale, Inc., appeals from a judgment recovered by plaintiff, Newton Ballhorst, for personal injuries caused by the collapse of a haydite block wall being constructed by defendant. Plaintiff had been awarded workmen's compensation. He brought this action for his benefit and for that of his employer, Whitesell Lumber Company, and its...

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