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SMITH v. EVANS

No. 39,780

178 Kan. 259 (1955)

284 P.2d 1065

NELLIE M. SMITH, as mother and next of kin of Orson T. Robinson, Jr., a minor, deceased, Appellee, v. MARY DARLINGTON COOPER EVANS, REBEKAH BLACKWOOD COOPER ROUNDS and DONALD JEROME WILSON COOPER, Appellants.

Supreme Court of Kansas.

Opinion filed June 11, 1955.

Attorney(s) appearing for the Case

Richard W. Stavely, of Wichita, argued the cause and W.F. Lilleston, George C. Spradling, Henry V. Gott, George Stallwitz, Ralph M. Hope and Charles S. Lindberg, all of Wichita, were with him on the briefs for the appellants.

Kurt Riesen, of Wichita, argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, J.:

This was an action to recover damages for the death of plaintiff's son by drowning. The appeal is from an order overruling defendants' demurrer to plaintiff's petition.

The petition first alleged the relationship of the parties and that plaintiff's son was thirteen years of age at the time of his death. It then alleged that at a point described, in Wichita, the defendants owned a plat of real estate...

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