Mickadeit v. Kansas Power and Light Co.

The opinion of the court was delivered by

Thiele, J.:

This was an action commenced January 26, 1951, in the district court of Shawnee county, by one Mickadeit against the Kansas Power and Light Company to recover damages sustained in a collision of automobiles which occurred December 18, 1949. From a ruling and judgment striking certain allegations from its answer, the company has appealed to this court.

Because of the questions raised in the present appeal we shall first review the pleadings in an action commenced in the district court of Atchison county on May 4, 1950, wherein one H. A.…