WATKINS v. BICKEL

No. 37,795

168 Kan. 647 (1950)

215 P.2d 170

WARREN A. WATKINS, Executor of the estate of Maude A. Watkins, Deceased, Plaintiff and Appellee, v. BEN W. BICKEL, doing business as Ben's Bus Line, and THE NATIONAL MUTUAL CASUALTY COMPANY OF TULSA, OKLAHOMA, Defendants and Appellants.

Supreme Court of Kansas.

Opinion filed February 28, 1950.


Attorney(s) appearing for the Case

I.H. Stearns and E.P. Villepigue, both of Wichita, were on the briefs for appellants.

John E. Boyer, of Wichita, argued the cause, and George J. Hondros and Paul J. Donaldson, both of Wichita, were with him on the briefs for appellee.


The opinion of the court was delivered by

PRICE, J.:

This is an appeal from an order overruling a demurrer to a petition in an action brought under the "wrongful death" statute.

The question presented is this:

When the injury which resulted in death occurred while G.S. 1945 Supp. 60-3203 was in effect but death occurred after the passage and effective date of G.S. 1947 Supp. 60-3203, should the action be brought under the former statute or...

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