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KITCHENER v. WILLIAMS

No. 38,098

171 Kan. 555 (1951)

236 P.2d 75

FREDERICK T. KITCHENER and EUGENIE KITCHENER, his wife, the parents and next of kin of Frederick David Kitchener, Deceased, Appellants, v. C.L. WILLIAMS, Appellee.

Supreme Court of Kansas.

Opinion filed October 6, 1951.

Attorney(s) appearing for the Case

W.M. Beall, of Clay Center, argued the cause and D. Basil Rankin, of Idana, was with him on the briefs for the appellants.

LaRue Royce, of Salina, argued the cause, and Charles L. Hunt and Frank C. Baldwin, both of Concordia, and E.S. Hampton, H.H. Dunham, Jr., John Q. Royce, and H.G. Engleman, all of Salina, were with him on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, J.:

This is a companion appeal to Kitchener v. Williams, 171 Kan. 540, 236 P.2d 64. They were not consolidated but were argued together.

The petition referred to and described the same automatic hot water heater and the same explosion. The difference in the two cases is that in the former, Frederick T. Kitchener was injured, while...

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