WRIGHT v. PIZEL

Nos. 37,743, 37,744

168 Kan. 493 (1950)

214 P.2d 328

In the Matter of the Estates of Raymond C. Wright and Ida Lorane Wright, both deceased, W.C. WRIGHT, Administrator, Appellant, v. HERBERT L. PIZEL, and MARJORIE M. PIZEL, next of kin of Donald Lee Pizel, deceased, Appellees. In the Matter of the Estates of Raymond C. Wright and Ida Lorane Wright, both deceased, W.C. WRIGHT, Administrator, Appellee and Cross-appellant, v. RONALD LEE PIZEL, a minor, by HERBERT L. PIZEL and MARJORIE M. PIZEL, parents and next friends, Appellants and Cross-appellees.

Supreme Court of Kansas.

Opinion filed January 28, 1950.


Attorney(s) appearing for the Case

E.S. Hampton, of Salina, argued the cause, and Max Jones, of Goodland, and B.I. Litowich, LaRue Royce, H.H. Dunham, Jr., John Q. Royce, and H.G. Engleman, all of Salina, were with him on the briefs for the appellant in No. 37,743, and for the appellees in No. 37,744.

A.W. Relihan, of Smith Center, argued the cause, and T.D. Relihan, of Smith Center, was with him on the briefs for the appellees in No. 37,743, and for the appellant in No. 37,744.


The opinion of the court was delivered by

HARVEY, C.J.:

These appeals grew out of the same general facts, which may be summarized as follows: About 10:00 o'clock a.m. on January 4, 1948, Raymond C. Wright, who was driving his own automobile and who had as passengers riding with him his wife, Ida Lorane Wright, and his two grandsons, Ronald Lee Pizel and Donald Lee Pizel, four-year-old twins, drove across the Rock Island railway tracks near Kanorado and his...

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