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MASTIN v. KANSAS POWER & LIGHT CO.

No. 57,305

10 Kan. App. 2d 620 (1985)

706 P.2d 476

WILFORD B. MASTIN, Appellant, v. THE KANSAS POWER AND LIGHT COMPANY, Appellee.

Court of Appeals of Kansas.

Opinion filed September 26, 1985.

Attorney(s) appearing for the Case

Patrick R. Barnes, of Scott, Quinlan & Hecht, of Topeka, for appellant.

Steven Carr, of Kansas Power & Light Company, of Topeka, for appellee.

Before PARKS, P.J., REES, J., and JEROME HARMAN, C.J. Retired, Assigned.

REES, J.:

In this negligence action, plaintiff Wilford B. Mastin appeals from a summary judgment entered against him on his claim for damages suffered as the result of the operation of his combine under a sagging Kansas Power & Light Company (KP&L) power line. The dispositive issue is whether there exists a genuine issue as to the material fact of defendant KP&L's pre-accident knowledge that its line sagged excessively so as to preclude entry of summary...

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