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BLAIR v. SHAW

Nos. 38,430, 38,431, 38,432

171 Kan. 524 (1951)

233 P.2d 731

MARILYN J. BLAIR, Widow, GARY CHARLES BLAIR, LARRY WARREN BLAIR and LINDA KATHLEEN BLAIR, Minors, Appellees, v. RALPH W. SHAW and LEONA M. SHAW, partners, doing business as SHAW CHEVROLET, Respondent, and MARYLAND CASUALTY COMPANY, Insurance Carrier, Appellants. LENA I. RITZ, Widow, KEITH G. RITZ, SANDRA SUE RITZ, and NORMAN C. RITZ, Minors, Appellees, v. RALPH W. SHAW and LEONA M. SHAW, partners, doing business as SHAW CHEVROLET, Respondent, and MARYLAND CASUALTY COMPANY, Insurance Carrier, Appellants. ELIZABETH M. TOWNSEND, Widow, and ROY E. TOWNSEND, Minor, Appellees, v. RALPH W. SHAW and LEONA M. SHAW, partners, doing business as SHAW CHEVROLET, Respondent, and MARYLAND CASUALTY COMPANY, Insurance Carrier, Appellants.

Supreme Court of Kansas.

Opinion filed July 3, 1951.

Attorney(s) appearing for the Case

P.E. Nulton, of Pittsburg, argued the cause, and R.L. Letton, of Pittsburg, was with him on the briefs for the appellants.

Douglas G. Hudson, of Fort Scott, argued the cause, and Douglas Hudson and Howard Hudson, both of Fort Scott, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

The question in these three consolidated workmen's compensation cases is whether the accidental injuries resulting in the death of all three decedents arose out of and in the course of their employment as mechanics by the respondent Chevrolet dealer in Fort Scott, Kansas.

Both the Commissioner and trial court held that the fatal injuries were compensable...

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