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PIERCE v. SCHROEDER

No. 38,264

171 Kan. 259 (1951)

232 P.2d 460

L.C. PIERCE, Appellant, v. SAM J. SCHROEDER, E.H. WEIBLE and HOWARD KREBBS, Appellees.

Supreme Court of Kansas.

Opinion filed June 9, 1951.

Attorney(s) appearing for the Case

Russ B. Anderson, of McPherson, argued the cause, and Archie T. MacDonald, of McPherson, was with him on the briefs for the appellant.

John F. Eberhardt, of Wichita, argued the cause, and George R. Lehmberg, of McPherson, and George Siefkin, George B. Powers, Samuel E. Bartlett, Carl T. Smith, Stuart R. Carter and Robert C. Foulston, Jr., all of Wichita, were with him on the briefs for the appellees.

The opinion of the court was delivered by

THIELE, J.:

Plaintiff commenced an action against five named defendants to recover damages sustained in the burning of his automobile. Three defendants demurred to the petition and that demurrer having been sustained, the plaintiff appeals. The sole question presented by appellant is whether the petition states a cause of action under the doctrine of res ipsa loquitur....

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