Schmidt v. Farmers Elevator Mutual Insurance

The opinion of the court was delivered by

Fontron, J.:

The roots of this appeal go back to a cold February morning in Canton, Kansas, nearly five years ago, when a fire consumed the Friendly Chevrolet garage owned by the plaintiff, W. A. Schmidt. At the time of this unfortunate occurrence, one of Mr. Schmidt’s employees was working on a propane truck of Fanners Co-op Grain and Supply Company (herein called Co-op) which was brought to the garage for emergency repairs, carrying a load of some 1200 gallons of liquid propane.

Mr. Schmidt filed suit against Co-op and its insurance carrier, Farmers…