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JOHNSON v. KILLION

No. 39,757

178 Kan. 154 (1955)

283 P.2d 433

FRED B. JOHNSON, Administrator of the Estate of Walter E. Keith, Deceased, Appellee, v. LYLE KILLION, Doing Business As Killion Service Stations (Appellee), and EMPLOYERS MUTUAL CASUALTY COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed May 7, 1955.

Attorney(s) appearing for the Case

Robert C. Foulston, of Wichita, argued the cause, and George B. Powers, Samuel E. Bartlett, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Malcolm Miller, Robert N. Partridge, and Robert M. Siefkin, all of Wichita, were with him on the briefs for the appellant.

Clayton M. Davis, of Topeka, argued the cause, and John E. Wheeler, of Marion, W.F. Lilleston, George C. Spradling, Henry V. Gott, George Stallwitz, Ralph M. Hope, all of Wichita, and John E. DuMars, and Mark L. Bennett, both of Topeka, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This was an action by the administrator to recover damages for the wrongful death of Walter E. Keith resulting from a collision between a motor fuel transport truck owned by defendant Lyle Killion, and a railroad train on which the deceased was an engineer. The defendants were Lyle Killion doing business as Killion Service Stations, and Employers Mutual Casualty Company, his liability insurance carrier....

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