ABSTON v. MEDORA GRAIN, INC.

No. 45,912

206 Kan. 727 (1971)

482 P.2d 692

ORVILLE P. ABSTON, Appellee, v. MEDORA GRAIN, INC., EDWARD L. ELLIOTT and FRANK O. HOFFMAN, Appellants.

Supreme Court of Kansas.

Opinion filed March 6, 1971.


Attorney(s) appearing for the Case

Brian G. Grace and Charles W. Harris, of Weigand, Curfman, Brainerd, Harris & Kaufman, of Wichita, argued the cause, and George A. Robb, of Somers & Robb, of Newton, was with them on the brief for the appellants.

Vernon A. Stroberg, of Speir, Stroberg & Sizemore, of Newton, argued the cause, and Herbert H. Sizemore, of the same firm, was with him on the brief for the appellee.


The opinion of the court was delivered by

FONTRON, J.:

The plaintiff, Orville P. Abston, brings this action against Medora Grain, Inc., and its employees, Edward L. Elliott and Frank O. Hoffman, who together will be designated as defendants, to recover damages sustained in an accident occurring at the junction of U.S. Highway 50 and County Road 811 west of Newton. Judgment was recovered against the three defendants and all have appealed.

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