[Download] "Wainscott v. Carlson Construction Co." by Supreme Court of Kansas " Book PDF Kindle ePub Free
eBook details
- Title: Wainscott v. Carlson Construction Co.
- Author : Supreme Court of Kansas
- Release Date : January 07, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The opinion of the court was delivered by This was an action to recover for personal injury and property
damage sustained by plaintiff (appellant) as a result of a gas
explosion. Plaintiff appeals from an order of the trial court
sustaining defendant (appellee) Biser's demurrer to his petition.
Defendants Carlson Construction Company and Gas Service Company
are not involved in this appeal. Insofar as defendant Biser is
concerned, the pertinent part of the petition alleged the
residence of the parties, their status, the corporate existence
of the corporations, and that the property immediately to the
rear of his residence was owned by a Mr. Garnett who made a
contract with the Carlson Construction Company to place a
concrete slab on his property. Defendant Biser was employed by
the construction company to perform grading and leveling
preparatory to pouring the cement slab, under the direction and
supervision of the construction company. The petition further alleged that on March 13, 1953, at
approximately 1:15 p.m., the defendant Jack D. Biser was
operating a tractor-grader or shovel and was engaged in grading,
leveling and removing part of the topsoil immediately to the rear
of the residence of the plaintiff, and did in such operation
negligently run against and strike a gas line which ran from the
gas main in the alley to the rear of the plaintiff's house, and
that the force of the blow against the gas line caused it to
separate just adjacent to the foundation of plaintiff's house.