ELLIS v. UNION PACIFIC R.R. CO.

No. 53,549

232 Kan. 194 (1982)

653 P.2d 816

CONNIE ELLIS, et al., Plaintiffs, v. UNION PACIFIC RAILROAD COMPANY, Defendant-Appellant, and CITY OF ONAGA, MILL CREEK TOWNSHIP, and POTTAWATOMIE COUNTY, KANSAS, Appellees.

Supreme Court of Kansas.

Opinion filed November 16, 1982.


Attorney(s) appearing for the Case

Larry Mundy, of Eidson, Lewis, Porter & Haynes, of Topeka, argued the cause and was on the brief for the appellant.

Sally H. Harris, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, argued the cause and was on the brief for appellee City of Onaga.

Gary F. Conklin, of Westmoreland, argued the cause and was on the brief for the appellee Mill Creek Township.

Stephen M. Kerwick, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, was on the briefs for amicus curiae Kansas Association of Defense Counsel.

L.M. Cornish and Gregory F. Maher, of Glenn, Cornish, Schulteis & Hanson, Chartered, of Topeka, were on the briefs for amicus curiae Kansas Association of Property and Casualty Insurance Companies, Inc.

Alvin D. Herrington, of McDonald, Tinker, Skaer, Quinn & Herrington, of Wichita, was on the briefs amicus curiae for Insurance Company of North America.

Robert E. Keeshan, of Scott, Quinlan & Hecht, of Topeka, was on the brief amicus curiae for Kansas Trial Lawyers Association.

Arthur W. Douville, of Alder, Nelson & McKenna, of Overland Park, was on the brief amicus curiae for Arthur W. Douville.


OPINION ON REHEARING

The opinion of the court was delivered by

SCHROEDER, C.J.:

In this comparative negligence action the original opinion affirming the trial court was filed April 3, 1982. Thereafter, a "MOTION FOR REHEARING OR MODIFICATION" was filed April 22, 1982, by the Union Pacific Railroad. After response thereto by the city of Onaga, Mill Creek Township and Pottawatomie County, and the filing of a memorandum brief of amicus curiae,

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