Terrell v. Ready Mixed Concrete Co.

The opinion of the court was delivered by

Thiele, J.:

This was an action brought in the name of the plaintiff as later set forth. A demurrer to the petition was sustained and this appeal followed.

We limit our review of the petition to those allegations necessary to a discussion of the questions later set forth.

On March 3, 1952, a petition was filed, the first eight paragraphs setting forth the status of the parties and alleging that on January 20, 1948, plaintiff Terrell was in the employ of the M. W. Kellogg Company, engaged in certain construction work in Wyandotte County, Kansas, and that…