Virginia Surety Co. v. Schlegel

The opinion of the court was delivered by

Hatcher, C.:

This appeal stems from a controversy over a bailment destroyed by fire. The bailor proceeded against the bailee and a third party, operating on the bailee’s premises, in the alternative as permitted by K. S. A. 60-220 (a).

The petition insofar as material here alleged:

“That on or about April 22, 1963, plaintiff, Stanley Dilley’s trailer was located in defendant Schlegel’s Garage, and that the agents, servants and employees of the defendant Wichita Insulation Co., Inc., were working in the garage, and that on said date due to the negligence…