Chandler v. Anchor Serum Co. , 198 Kan. 571 ( 1967 )

Fatzeh, J.,

concurring in part and dissenting in part: I dissent from that part of Syllabus ¶ 5 and the corresponding portion of the opinion holding that the plaintiff’s evidence was insufficient to make a submissible case to the jury against Anchor Serum Company under the doctrine of res ipsa loquitur. I concur in that part of Syllabus ¶ 5 and the corresponding portion of the opinion holding the plaintiff is entitled to present his claim for breach of an implied warranty against the multiple defendants.

Fhomme, J., joins in the foregoing concurring and dissenting opinion.