Echord v. Rush

'The opinion of the court was delivered by

Harvey, J.:

In the former opinion filed in this case (122 Kan. 260, 251 Pac. 1112) the judgment of the court below was reversed, with directions to enter judgment for defendant, the court holding that the case was controlled by the rule of law stated in Shade v. Cement Co., 92 Kan. 146, 139 Pac. 1193; 93 Kan. 257, 144 Pac. 249, and allied cases. A rehearing was granted. The case has been reargued, *522additional briefs have been filed, and we have sent for and examined the papers and transcript filed in the court below. Upon this further consideration we…