Jenkins v. Kansas Turnpike Authority

In my opinion, the decision in Moore v. Kansas Turnpike Authority, 181 Kan. 51, 310 P. 2d 199, *867decided this date on rehearing, does not control the decision in this case.

The following statement is made by the court in its opinion:

“. . . It was conceded by the parties to the appeal that the Moore v. Kansas Turnpike Authority, 181 Kan. 51, 310 P. 2d 199, decision on which a motion for rehearing was pending, would be determinative of the case.”

It is incorrect to say that the appellees conceded that a reversal of the position in the Moore case on rehearing would control. At the time counsel for…