Supreme Court of Kansas January 26, 1963, 43,195 (Rumbaugh v. Vonfeldt)

The opinion of the court was delivered by

Parker, C. J.:

This appeal stems from an action to recover damages from an alleged negligent third party, for injuries to an employee compensated under the Workmen s Compensation Act. The facts are not disputed.

On January 12, 1960, Earl Rumbaugh was injured while in the course of his employment for Melvin L. Jarvis.