WATERBURY v. RISS & COMPANY

No. 37,771

169 Kan. 271 (1950)

219 P.2d 673

HELEN WATERBURY, Appellee, v. RISS & COMPANY, INC.; ROCKY MOUNTAIN INDUSTRIES, INC., Appellant; COUNTRY CLUB DISTRIBUTING COMPANY, INC., Appellant; JAKE BURKHARDT, MORRIS SIGMAN, SAM SIGMAN, SAM E. RUDD, ELENORE RUDD, LEONARD A. LEVAND and CELIA LEVAND, Appellants.

Supreme Court of Kansas.

Opinion filed June 10, 1950.


Attorney(s) appearing for the Case

J.B. Patterson, of Wichita, argued the cause, and A.W. Hershberger, Richard Jones, Wm. P. Thompson, and H.E. Jones, all of Wichita, were with him on the briefs for the appellants Jake Burkhardt, Morris Sigman, Sam Sigman, Sam E. Rudd, Elenore Rudd, Leonard A. Levand, and Celia Levand.

Eugene G. Coombs argued the cause, and Paul V. Smith, Douglas E. Shay, Robert F. Hudson, and Malcolm C. Black, all of Wichita, were with him on the briefs for the appellant Rocky Mountain Industries, Inc.

Vincent F. Hiebsch, of Wichita, argued the cause, and Milton Zacharias, Eugene L. Pirtle, Kenneth H. Hiebsch, J.R. Sheedy and Lester C. Arvin, all of Wichita, were with him on the briefs for the appellant Country Club Distributing Co., Inc.

Emmet A. Blaes, of Wichita, argued the cause, and W.D. Jochems, J. Wirth Sargent, Roetzel Jochems, Robert G. Braden, S.C. Durbin, and E.P. Villepigue, all of Wichita, were with him on the briefs for the appellee.


The opinion of the court was delivered by

HARVEY, C.J.:

Plaintiff brought this action pursuant to G.S. 1947 Supp. 60-3203 for the alleged wrongful death of her husband, Charlie Frederick Waterbury, hereinafter called Waterbury, alleged to have resulted from the negligence of defendants as joint tort feasors. The action was brought for the benefit of plaintiff and Charlene Waterbury, aged eleven years, Waterbury's daughter by a former marriage. Riss & Company...

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