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BRIGGS v. BURK

Nos. 38,533, 38,546, 38,556

172 Kan. 375 (1952)

239 P.2d 981

STELLA BRIGGS, Appellee, v. CLYDE BURK and THE HARTFORD ACCIDENT & INDEMNITY CO., a Corporation, Appellant. SHIRLEY BURNS, Appellee, v. CLYDE BURK and THE HARTFORD ACCIDENT & INDEMNITY CO., a Corporation, Appellant. MRS. MAX ELDON WADE, Appellee, v. CLYDE BURK and THE HARTFORD ACCIDENT & INDEMNITY CO., a Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed January 26, 1952.

Attorney(s) appearing for the Case

David H. Fisher, of Topeka, argued the cause, and Irwin Snattinger, of Topeka, was with him on the briefs for the appellant.

Ward D. Martin, of Topeka, argued the cause, and A. Harry Crane and Arthur L. Claussen, both of Topeka, and Leonard W. McAnarney, of Lyndon, were with him on the briefs for the appellees.

The opinion of the court was delivered by

HARVEY, C.J.:

In each of these cases the plaintiff sued for damages for the wrongful death of her husband alleged to have resulted from the negligence of the defendant, Clyde Burk. They were filed separately in the district court of Shawnee county and one was assigned to each of the three divisions of that court. Burk's insurance carrier was made a party-defendant and filed a demurrer to the petition as amended upon...

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