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NEVILLE, ADMINISTRATRIX v. WICHITA EAGLE

No. 39,921

179 Kan. 197 (1956)

294 P.2d 248

RUBY M. NEVILLE, Administratrix of the estate of Loren Dean Nite, deceased, Appellant, v. WICHITA EAGLE, INC., Appellee.

Supreme Court of Kansas.

Opinion filed February 29, 1956.

Attorney(s) appearing for the Case

Paul V. Smith, of Wichita, argued the cause, and Douglas E. Shay, and Dean Matthew, both of Wichita, were with him on the briefs for the appellant.

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

The opinion of the court was delivered by

THIELE, J.:

This was an action to recover damages for wrongful death. The defendant's demurrer to the plaintiff's amended petition was sustained and she appeals.

The principal question involved and argued is whether the workmen's compensation act provided an exclusive remedy and precluded the plaintiff from maintaining an action for wrongful death. Our review of the...

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