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SCHMIDT v. FARMERS ELEVATOR MUTUAL INS. CO.

No. 46,283

208 Kan. 308 (1971)

491 P.2d 947

W.A. SCHMIDT, Appellant, v. FARMERS ELEVATOR MUTUAL INSURANCE COMPANY and THE FARMERS CO-OP GRAIN AND SUPPLY COMPANY, Appellees. CITY OF CANTON, KANSAS, AND TRUSTEES OF A.F. & A.M. LODGE No. 197, Appellee, v. W.A. SCHMIDT, Appellant, and FARMERS ELEVATOR MUTUAL INSURANCE COMPANY and THE FARMERS CO-OP GRAIN AND SUPPLY COMPANY, Appellees. AMERICAN LEGION POST NO. 197, Appellee, v. W.A. SCHMIDT, Appellant, and FARMERS ELEVATOR MUTUAL INSURANCE COMPANY and FARMERS CO-OP GRAIN and SUPPLY COMPANY, Appellees. IOWA KEMPER MUTUAL INSURANCE COMPANY, Intervenor, Appellee.

Supreme Court of Kansas.

Opinion filed December 11, 1971.

Attorney(s) appearing for the Case

Evart Mills, of Mills & Mills, of McPherson, argued the cause and was on the brief for the appellant.

Richard T. Foster, of the firm of McDonald, Tinker, Skaer, Quinn & Herrington, of Wichita, argued the cause and was on the brief for appellees City of Canton, Trustees of A.F. & A.M. Lodge No. 197 and American Legion Post No. 197; Robert W. Wise, of the firm of Lehmberg, Bremyer, Wise, Jones & Hopp, of McPherson, argued the cause and was on the brief for appellees Travelers Indemnity Company and Iowa Kemper Mutual Insurance Company; and Mary A. Senner, of the firm of Turner & Balloun, of Great Bend, argued the cause and was on the brief for appellees Farmers Elevator Mutual Insurance Company and The Farmers Co-op Grain and Supply Company.

The opinion of the court was delivered by

FONTRON, J.:

The roots of this appeal go back to a cold February morning in Canton, Kansas, nearly five years ago, when a fire consumed the Friendly Chevrolet garage owned by the plaintiff, W.A. Schmidt. At the time of this unfortunate occurrence, one of Mr. Schmidt's employees was working on a propane truck of Farmers Co-op Grain and Supply Company (herein called Co-op) which was brought to the garage for emergency...

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