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Koepp v. Consolidated Electric Light & Power Co.

William F. Koepp v. The Consolidated Electric Light and Power Company

Koepp v. Consol. Elec. Light & Power Co., 75 P. 1133 (Kan. 1904)
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Court
Supreme Court of Kansas · State Highest Courts
Decided
March 12, 1904
Docket
No. 13,534
Citations
75 P. 113368 Kan. 8291904 Kan. LEXIS 199
Disposition
Affirmed.
Summary
Error from Wyandotte court of common pleas; William G-. Holt, judge.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Per Ouriam:

This case was once decided adversely to plaintiff in error. ( 64 Kan. 735 , 68 Pac. 608 .) A judgment in his favor was reversed and a new trial granted, for the reason that the negligence alleged and proved was not the proximate cause of the injury. After the case was remanded, plaintiff below filed a third amended petition, His counsel says in his brief:

“The third amended petition of the plaintiff merely enlarged the cause of action already stated in the second amended petition by inserting other allegations material to the case. . . . The cause of action in both petitions is the same.”

Counsel further states that the third amended petition “is a new version of an old story.” A general demurrer was sustained to this pleading, of which plaintiff below complains.

The proceeding in error impresses us as an attempt to obtain a rehearing in the original case. Counsel for plaintiff in error says:

“The third amended petition, like the second, merely charged common negligence, and the negligence in both cases was charged to be the crossing of its uninsulated electric-light wires with uninsulated telephone wires of Radford.”

The judgment of the court below will be affirmed.

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Cited by 0 cases

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Authorities cited 1

DepthCaseCited by
Consol. Elec. Light & Power Co. v. Koepp, 67 P. 608 (Kan. 1902) 16

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