Stroud v. Sinclair Refining Co.

This matter comes before us on a motion by appellant to compel obedience by the trial court to the mandate sent to that court in accordance with the opinion filed June 6, 1936, appearing in 144 Kan. 74, 58 P. 2d 77.

The action was one to recover damages, and was tried and submitted on the theory the doctrine of res ipsa loquitur applied. The defendant demurred to plaintiff’s evidence and appealed from an adverse ruling. We reversed the trial court, the opinion concluding:

“The judgment of the trial court is reversed and the cause remanded with instructions to sustain defendant’s demurrer to…