Opinion
No. 46,045
Opinion on rehearing filed January 22, 1972.
Appeal from Shawnee district court, division No. 3; E. NEWTON VICKERS, judge. Opinion on rehearing filed January 22, 1972. Original opinion of affirmance adhered to. (For original opinion see Missouri Pacific Railroad Co. v. McDonald, 207 Kan. 744, 486 P.2d 1347.)
Ralph M. Hope, of Lilleston, Spradling, Gott, Stallwitz and Hope, of Wichita, argued the cause for the appellant.
O.F. Baldwin, of Topeka, argued the cause for the appellee.
Donald L. Cordes, of Foulston, Siefkin, Powers and Eberhardt, of Wichita, was on the brief amicus curiae for Navajo Freight Lines, Inc.
OPINION ON REHEARING
The opinion of the court was delivered by
The court has considered the rearguments of counsel and the brief of amicus curiae and has concluded the original opinion of affirmance should be adhered to.
APPROVED BY THE COURT.
FATZER, C.J., and SCHROEDER, J., dissent.