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RILEY v. FALLON

Nos. 38,795, 38,945

173 Kan. 816 (1953)

252 P.2d 629

NOVA J. RILEY, Appellee, v. VIRGIL FALLON, Appellant. DON RILEY, Administrator of the Estate of William Leonard Riley, Deceased, Appellant, v. VIRGIL FALLON, Appellee.

Supreme Court of Kansas.

Opinion filed January 24, 1953.

Attorney(s) appearing for the Case

Keith L. Wallis, of Wichita, argued the cause, and W.A. Kahrs, Robert H. Nelson and Clarence N. Holeman, all of Wichita, were with him on the briefs for the appellant in No. 38,945.

George Siefkin, George B. Powers, Samuel E. Bartlett, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, and Robert M. Siefkin, all of Wichita, were on the briefs for the appellant in No. 38,795 and for the appellee in No. 38,945.

Keith Eales, of Wichita, argued the cause, and L.M. Kagey and Max L. Hamilton, both of Wichita, were with him on the briefs for the appellee in No. 38,795 and the intervenor in No. 38,945.

The opinion of the court was delivered by

HARVEY, C.J.:

The controversy presented here is which of two actions for damages for wrongful death may proceed to trial in the district court. The facts are not controverted and may be stated as follows: William L. Riley, a resident of Lampasas, Texas, while visiting in Wichita, Kansas, was killed on June 10, 1951, in a collision of an automobile in which he was riding and...

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