Henley v. Panhandle Eastern Pipeline Co.

WHITTAKER, District Judge.

This matter is now before me upon defendant’s motion for a summary judgment.

The question involved is whether plaintiff, Henley, — having been held liable for the wrongful death of defendant’s servant, in a prior action by the latter’s widow against him in the state court of Johnson County, Kansas — may now maintain this action against defendant, the deceased’s employer, for damages for bodily injuries sustained in the same automobile casualty.

The facts, stated briefly but sufficiently to develop the legal questions involved, are: A truck and trailer belonging to…