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HENDERSON v. NATIONAL MUTUAL CAS. CO.

No. 37,821

168 Kan. 674 (1950)

215 P.2d 225

RALPH HENDERSON and FAE HENDERSON, Appellees, v. NATIONAL MUTUAL CASUALTY COMPANY, a Corporation, Appellant, and LEE N. GUTHRIE, doing business as GUTHRIE TRUCK LINE.

Supreme Court of Kansas.

Opinion filed February 28, 1950.

Attorney(s) appearing for the Case

J.B. McKay, of El Dorado, argued the cause, and Clem H. Silvers and James B. McKay, Jr., both of El Dorado, were with him on the briefs for appellant.

Paul R. Kitch, of Wichita, argued the cause, and Howard T. Fleeson, Homer V. Gooing, Wayne Coulson, Dale M. Stucky and Donald R. Newkirk, all of Wichita, were with him on the briefs for appellees.

The opinion of the court was delivered by

PRICE, J.:

This was an action by parents to recover damages for the wrongful death of their son, Norval Henderson, a single man, resulting from an automobile collision at night between the car in which he was a passenger and a spudder, a large piece of machinery, left standing on a highway without lights.

Defendants were Lee N. Guthrie, doing business as Guthrie Truck Line, and National Mutual Casualty Company...

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