[Download] "Cope v. Radford" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: Cope v. Radford
- Author : Supreme Court of Kansas
- Release Date : January 10, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The opinion of the court was delivered by This is an appeal from a judgment for wrongful death. The main
question involved is whether the deceased was traveling as a
guest or a paying passenger when the automobile accident occurred
which caused the death. In view of the limited issues, we need note only a single
paragraph from the petition and answer. The petition alleged that
the defendant, Jack Radford, was being paid by the defendant,
Beech Aircraft Corporation, to make the trip in question in his
automobile. The petition alleged further:
"That the plaintiff has been informed and believes
and therefore alleges that the defendant, Jack
Radford, in the course of his employment at the
defendant, Beech Aircraft Corporation, was directed
by the said defendant, Beech Aircraft Corporation, to
use his privately owned automobile and transport the
deceased, Kenneth O. Cope, Robert P. Beard, Captain
Jack W. Setliff and himself, Jack Radford, to the
defendant, Beech Aircraft Corporation, branch plant
at Liberal, Kansas, where the said deceased, Kenneth
O. Cope, and Robert P. Beard and Captain Jack W.
Setliff and the defendant, Jack Radford, were to
engage in the inspection of Air Force Machinery and
equipment located in the defendant, Beech Aircraft
Corporation's facility; that said inspection was a
routine semi-annual inspection; that said inspection
was a part of the duties of all parties concerned and
more particularly of the deceased, Kenneth O. Cope,
and the defendants, Jack Radford and the Beech
Aircraft Corporation."
The answer:
"Specifically denies that this defendant was
directed by Beech Aircraft Corporation to transport
the said Cope or any of the others named or that
there was any agreement or understanding between this
Defendant and Beech Aircraft Corporation by which
this Defendant was to be paid and compensated for
transporting the said Cope or that he was
transporting Cope within the course of his employment
or under any order or direction of Beech Aircraft
Corporation, . . ."
The facts will be detailed.