DURAN v. MISSION MORTUARY

No. 38,802

174 Kan. 565 (1953)

258 P.2d 241

JOSEPHINE DURAN, Appellee, v. MISSION MORTUARY, a Corporation, Appellant and Cross-appellant, and LORENZO F. BUTLER, Appellant, and ROBERT S. GRAY, Appellant, and RICHARD L. PHILLIPS, Appellant. and Cross-appellant.

Supreme Court of Kansas.

Opinion filed June 6, 1953.


Attorney(s) appearing for the Case

J.B. Patterson, of Wichita, argued the cause, and A.W. Hershberger, Richard Jones, Wm. P. Thompson, H.E. Jones, and Jerome E. Jones, all of Wichita, were with him on the briefs for appellant and cross-appellant Mission Mortuary, and for the appellant Lorenzo F. Butler.

Wayne Coulson, of Wichita, argued the cause, and Howard T. Fleeson, Homer V. Gooing, Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Garrit H. Wormhoudt, and Theodore C. Geisert, all of Wichita, were with him on the briefs for the appellant Robert S. Gray, and for the appellant and cross-appellant Richard L. Phillips.

Bill V. Hampton, of Pratt, and Tudor W. Hampton, of Great Bend, argued the cause, and Bill Murray, of Pratt, and S.R. Blackburn, Jerry M. Ward, and H. Lee Turner, all of Great Bend, were with them on the briefs for the appellee.


The opinion of the court was delivered by

WERTZ, J.:

This was an action for damages for personal injuries sustained by plaintiff and for the wrongful death of her husband, Pete Duran, resulting from a collision between two motor vehicles.

Plaintiff Josephine Duran and her invalid husband were being transported from Pratt to the Veterans Administration Hospital at Wichita, in an ambulance owned by Mission Mortuary, a corporation, and driven by its employee...

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