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BELGER CARTAGE SERV., INC. v. HOLLAND CONSTR. CO.

No. 48,687

224 Kan. 320 (1978)

582 P.2d 1111

BELGER CARTAGE SERVICE, INC., Appellant, v. HOLLAND CONSTRUCTION COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed July 15, 1978.

Attorney(s) appearing for the Case

D. Gary Hunter, of Williamson, Cubbison, Hardy, Hunter & Whitaker, of Kansas City, argued the cause and was on the brief for the appellant.

Keith Martin, of Payne & Jones, Chartered, of Olathe, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

McFARLAND, J.:

This is an action by the plaintiff, Belger Cartage Service, Inc., for damage to its crane as a result of an accident which occurred on April 4, 1972. Defendant, Holland Construction Company, counterclaimed for damage to its conveyor and for loss of earnings therefrom. Following a bench trial, the trial court granted judgment to the defendant on its counterclaim in the amount of $7,127.99 and on plaintiff...

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