Phillips Pipe Line Co. v. Kansas Cold Storage, Inc.

The opinion of the court was delivered by

Fatzer, J.:

This was a damage action for breaking a pipe line owned and operated by the plaintiff, Phillips Pipe Line Company, which crossed real estate belonging to the defendant landowner, Kansas Cold Storage, Inc. The action was commenced by Phillips against the appellant and James K. Steele Excavation Company, a corporation. The petition was later amended to add James K. Steele, an individual, d/b/a James K. Steele Excavation Company.

On April 23,1962, over the objection of the defendant landowner, a default judgment was entered in favor of Phillips…