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HOLCOMB v. MEEDS

No. 38,692

173 Kan. 321 (1952)

246 P.2d 239

BERNICE M. HOLCOMB, Widow of Lionel Holcomb, Deceased, Appellee, v. WILLIAM E. MEEDS and SYLVIA E. BRUGGER, Partners, doing business as Baxter Courts, a partnership, Appellants.

Supreme Court of Kansas.

Opinion filed July 3, 1952.

Attorney(s) appearing for the Case

Grant Waggoner, of Baxter Springs, argued the cause, and C. R. Stauffacher, of Columbus, was with him on the briefs for appellants.

Sylvan Bruner and Pete Farabi, both of Pittsburg, argued the cause, and L.M. Resler and Morris Matuska, both of Pittsburg, and Paul Armstrong and Robert T. Patterson, both of Columbus, were with them on the briefs for the appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

This was an action for damages for an alleged wrongful death. After the issues were made up the parties in writing stipulated the facts. A trial by jury was waived and a trial by the court was had, resulting in a judgment for plaintiff. Defendants have appealed.

The pertinent facts as stipulated may be summarized or quoted as follows: The deceased, Lionel Holcomb, his wife, the plaintiff herein...

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