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eBook details

• Title: Roehrman v. D.S. & O. Rural Electric Cooperative Ass'n
• Author : Supreme Court of Kansas
• Release Date : January 09, 1953
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 90 KB

Description

The opinion of the court was delivered by This was an action to recover damages for personal injuries sustained by plaintiff as the result of having come in contact with a high tension line used for the transmission of electricity. The defendants appeal from the trial court's action in overruling separate demurrers to the plaintiff's amended petition. Upon reaching this court each appeal was given a distinct number. However, that fact may be disregarded as the issues involved are common to all parties and the cases have since been consolidated. The cross-appeal is from orders sustaining identical motions to strike one paragraph from the amended petition. The amended petition serves a dual purpose in that it discloses the factual picture existing at the time of the accident in question as well as the alleged omissions and defects on which the defendants rely as grounds for sustaining their single assignment of error to the effect the trial court erred in overruling their separate demurrers to the challenged pleading which, omitting its formal averments, its allegations relating to the extent of the injuries sustained, and its prayer, reads: ""1. That the State Highway Commission is a corporation organized under the laws of the State of Kansas, and is now and was at all times hereinafter set forth, the employer of Arnold F. Roehrman, who suffered injuries in the manner hereafter set forth; that at the time the said injuries were suffered the said Arnold F. Roehrman was engaged in the performance of his duties as an employee of the said State Highway Commission, and that the said State Highway Commission and Arnold F. Roehrman were at said time subject to the provisions of the Workmen's Compensation Laws of the State of Kansas; that the said Arnold F. Roehrman has been paid a total of Eight Hundred Four and 65/100 ($804.65) Dollars workmen's compensation by the State Highway Commission pursuant to the said statutes, and that this action is being maintained by the said State Highway Commission for its benefit and for the benefit of Arnold F. Roehrman, as their interests may appear.

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