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HOTEL KANSAN OPERATING CO. v. OLSON

No. 38,325

171 Kan. 295 (1951)

232 P.2d 417

HOTEL KANSAN OPERATING COMPANY, a corporation, Appellant, v. OSCAR L. OLSON, doing business as OLSON OIL COMPANY, and T.J. MAHAFFEY, doing business as MAHAFFEY PLUMBING COMPANY, Appellees.

Supreme Court of Kansas.

Opinion filed June 9, 1951.

Attorney(s) appearing for the Case

Ernest Rice, of Topeka, argued the cause and Harry K. Allen, L.M. Ascough, John K. Corkhill, Marion Beatty and Edward H. Sondker, all of Topeka, were with him on the briefs for the appellant.

Tinkham Veale, of Topeka, argued the cause and was on the briefs for Oscar L. Olson, appellee; O.B. Eidson, of Topeka, argued the cause and T.M. Lillard, Philip H. Lewis and James W. Porter, all of Topeka, were with him on the briefs for T.J. Mahaffey, appellee.

The opinion of the court was delivered by

SMITH, J.:

This was an action to recover damages alleged to have been sustained when an oil tank located partly under plaintiff's hotel, exploded. The appeal is from orders sustaining demurrers of both defendants to plaintiff's third amended petition.

We shall refer to the third amended petition as the petition. It alleged first that plaintiff operated a hotel and Olson was an oil dealer and Mahaffey a plumber...

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