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LESSLEY v. KANSAS POWER & LIGHT CO.

No. 38,288

171 Kan. 197 (1951)

231 P.2d 239

JOHN W. LESSLEY, Appellant, v. THE KANSAS POWER & LIGHT COMPANY, a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed May 12, 1951.

Attorney(s) appearing for the Case

Ward D. Martin, of Topeka, argued the cause, and E.H. Hatcher, Harold E. Jones, A. Harry Crane and Harry Snyder, Jr., all of Topeka, were with him on the briefs for the appellant.

Clayton E. Kline and Ralph W. Oman, both of Topeka, argued the cause, and M.F. Cosgrove, Balfour S. Jeffrey, Robert E. Russell, Philip E. Buzick, Willard N. Van Slyck, Jr., Robert Stone, James A. McClure, Robert L. Webb and Robert A. McClure, all of Topeka, were with him on the briefs for the appellee.

Roy N. McCue and Howard F. McCue, both of Topeka, for Ann Sheahan and Julia A. Dahlene, as amici curiae.

The opinion of the court was delivered by

PARKER, J.:

This was a common law action to recover damages for personal injuries alleged to have been caused by the negligence of the defendant. The plaintiff appeals from the trial court's action in sustaining the defendant's motion for judgment on the pleadings.

The pleadings consist of an amended petition, an answer, and a reply. When, as here, such pleadings are tested by a defendant's motion for judgment...

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