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HOWE v. MOHL

No. 37,651

168 Kan. 445 (1950)

214 P.2d 298

ALICE HOWE, formerly Alice Fowler, and DONALD RAY FOWLER, a minor; JOHN DANIELS FOWLER, a minor, and LUCILE FOWLER, a minor, by ALICE HOWE, formerly Alice Fowler, mother and natural guardian and next friend of each of said minors, Appellants, v. LAWRENCE B. MOHL and COMMERCIAL STANDARD INSURANCE COMPANY, Appellees.

Supreme Court of Kansas.

Opinion filed January 28, 1950.

Attorney(s) appearing for the Case

Harold W. McCombs, of Russell, argued the cause, and was on the briefs for appellants.

Jerry E. Driscoll, of Russell, argued the cause, and Delmas L. Haney and Benedict P. Cruise, both of Hays, and Richard M. Driscoll, of Russell, were with him on the briefs for appellees.

The opinion of the court was delivered by

PRICE, J.:

The question we have here pertains to the right of a widow and minor children of a deceased owner of a damaged automobile to bring an action in their individual capacities to recover for the damage done to the automobile in a collision alleged to have been caused by the negligence of one of the defendants.

On the evening of November 26, 1946, in the outskirts of the city of Russell, one Fowler, a...

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