Denneler v. Aubel Ditching Service, Inc.

The opinion of the court was delivered by

Price, C. J.:

This is an action to recover damages resulting from a highway collision.

The appeal is by the original defendants from an order dismissing their petition against third-party defendants.

On February 9, 1967, plaintiff Denneler filed the action against Aubel Ditching Service, Inc., and other defendants — including John R. Pfannenstiel — the employee of defendants Aubel.

The petition alleged that in the nighttime on or about February 9, 1965, plaintiff, while driving on a highway near Hays, was involved in a collision with a motor grader owned…