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NEILD v. ELDRIDGE

Nos. 39,773, 39,774

178 Kan. 159 (1955)

283 P.2d 250

ALMA D. NEILD, Widow; ALMA D. NEILD, Guardian of Minor Dependents (Robert H. Neild, Deceased), Claimant, Appellee, v. W.R. ELDRIDGE, doing business as Bob Eldridge Construction Company, Respondent, and MASSACHUSETTS BONDING AND INSURANCE COMPANY, Insurance Carrier, Appellants. MARY MARGARET NEIGHBORS, Widow and Natural Guardian of Minor Dependents (Grover C. Neighbors, Deceased), Claimant, Appellee, v. W.R. ELDRIDGE, doing business as Bob Eldridge Construction Company, Respondent, and MASSACHUSETTS BONDING AND INSURANCE COMPANY, Insurance Carrier, Appellants.

Supreme Court of Kansas.

Opinion filed May 7, 1955.

Attorney(s) appearing for the Case

C. Thomas Carr, of Kansas City, Mo., argued the cause and Thomas M. Van Cleave, Jr., of Kansas City, Kansas, and John Murphy, of Kansas City, Mo., were with him on the briefs for the appellants.

Leonard O. Thomas, of Kansas City, Kansas, argued the cause and Arthur J. Stanley, Arthur J. Stanley, Jr., J.E. Schroeder, Lee E. Weeks and J. Donald Lysaught, all of Kansas City, Kansas, were with him on the briefs for the appellees.

The opinion of the court was delivered by

SMITH, J.:

These were claims for workmen's compensation. Neild and Neighbors were found dead in a pit, part of a sewage disposal plant. Their dependents made claims for workmen's compensation. In each case the examiner, the commissioner of workmen's compensation, awarded compensation. In each case the respondent appealed to the district court. The district court found among other findings that the relationship of employer...

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