[Download] "Ballhorst v. Hahner-Foreman-Cale" by Supreme Court of Kansas # Book PDF Kindle ePub Free

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eBook details

• Title: Ballhorst v. Hahner-Foreman-Cale
• Author : Supreme Court of Kansas
• Release Date : January 10, 1971
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

The opinion of the court was delivered by Defendant-appellant, Hahner-Foreman-Cale, Inc., appeals from a
judgment recovered by plaintiff, Newton Ballhorst, for personal
injuries caused by the collapse of a haydite block wall being
constructed by defendant. Plaintiff had been awarded workmen's
compensation. He brought this action for his benefit and for that
of his employer, Whitesell Lumber Company, and its workmen's
compensation carrier, Employees Mutual Insurance Company, as
their interests appear under the assignment provisions of K.S.A.
1970 Supp. 44-504. In his petition plaintiff alleged that the wall collapsed due
to the negligence of defendant in not properly constructing and
bracing it. In its answer, defendant denied the allegations of
plaintiff and affirmatively set forth defenses of contributory
negligence, estoppel, assumption of risk, act of God and that
plaintiff was not the real party in interest.

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