METZINGER v. SUBERA

No. 39,060

175 Kan. 542 (1954)

266 P.2d 287

HENRY METZINGER and DELORES T. METZINGER, Appellants, v. CHARLES SUBERA, Appellee.

Supreme Court of Kansas.

Opinion filed January 23, 1954.


Attorney(s) appearing for the Case

J. Francis Hesse, of Wichita, argued the cause, and W.D. Jochems, J. Wirth Sargent, Emmet A. Blaes, Roetzel Jochems, Robert G. Braden, S.C. Durbin and James W. Sargent, all of Wichita, were with him on the briefs for the appellants.

Donald R. Newkirk, of Wichita, argued the cause, and Howard T. Fleeson, Homer V. Gooing, Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Gerrit H. Wormhoudt and Theodore C. Geisert, all of Wichita, were with him on the briefs for the appellee.


The opinion of the court was delivered by

PRICE, J.:

This action was brought by plaintiffs to recover for the wrongful death of their four-year-old daughter who was killed as a result of being struck by the automobile driven by defendant.

The jury returned a very nominal verdict for plaintiffs and also made special findings. Plaintiffs' motion for a new trial, on the grounds the verdict was in part contrary to the evidence, was given under the influence...

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