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MODLIN v. CONSUMERS COOPERATIVE ASS'N.

No. 38,445

172 Kan. 428 (1952)

241 P.2d 692

F. EVA MODLIN, Administratrix of the Estate of Clarence C. Modlin, Deceased, Appellee, v. CONSUMERS COOPERATIVE ASSOCIATION and AMERICAN FIDELITY AND CASUALTY COMPANY, INC., Appellants.

Supreme Court of Kansas.

Opinion filed March 8, 1952.

Attorney(s) appearing for the Case

Irwin Snattinger, of Topeka, and Sam Mandell, of Kansas City, Missouri, both argued the cause, and were on the briefs for the appellants.

J.E. DuMars, of Topeka, argued the cause, and Clayton M. Davis and Mark L. Bennett, both of Topeka, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, J.:

This is an appeal by the Consumers Cooperative Association and its insurance carrier, American Fidelity Casualty Company, Inc., from a judgment rendered against them for damages on a verdict returned by a jury in an action instituted by F. Eva Modlin, as administratrix of the estate of Clarence C. Modlin, a deceased railroad engineer, under the wrongful death statute (G.S. 1947 Supp. 60-3203, now G.S. 1949...

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