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SODEN v. BENNETT

No. 38,526

173 Kan. 142 (1952)

244 P.2d 1204

WILLIAM B. SODEN and GLADYS G. SODEN, Appellees, v. GEORGE E. BENNETT, doing business as GEORGE BENNETT CONSTRUCTION CO., Appellant.

Supreme Court of Kansas.

Opinion filed June 7, 1952.

Attorney(s) appearing for the Case

Willard L. Phillips, of Kansas City, argued the cause, and Thomas M. Van Cleave, of Kansas City, and Albert Thomson and Harold T. VanDyke, both of Kansas City, Mo., were with him on the briefs for the appellant.

Charles S. Schnider, of Kansas City, argued the cause, and Joseph Cohen, Thomas E. Joyce, John E. Shamberg and Joseph P. Jenkins, all of Kansas City, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, J.:

This was an action by parents to recover damages for the death of their son, alleged to have been caused by the negligence of the defendant while engaged in the performance of construction work on a highway under a contract with the board of county commissioners of Wyandotte county. The plaintiffs recovered and the defendant appeals.

The pleadings are not...

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