Mastin v. Kansas Power & Light Co.

Rees, J.;

In this negligence action, plaintiff Wilford B. Mastín appeals from a summary judgment entered against him on his claim for damages suffered as the result of the operation of his combine under a sagging Kansas Power & Light Company (KP&L) power line. The dispositive issue is whether there exists a genuine issue as to the material fact of defendant KP&L’s pre-accident knowledge that its line sagged excessively so as to preclude entry of summary judgment. We reverse.

In the early evening of July 2, 1981, Mastín was combining wheat on his property in rural Shawnee County. He was injured…