Graham v. Barber

The opinion of the court was delivered by

Parker, C. J.:

This is an appeal from a judgment sustaining a demurrer to plaintiffs opening statement as to one of two joint defendants in a wrongful death action.

The salient facts which are not in dispute may be highly summarized and stated thus.

I. D. Barber was the owner of certain property in the city of Wichita, Kansas, on which he was building a shopping center. Barber subcontracted various portions of the work, including a contract with the Loper Electric Company, Inc., for all of the electrical wiring and the setting of a service pole to the…