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RILEY v. FALLON

Nos. 39,960, 40,006

179 Kan. 224 (1956)

294 P.2d 253

NOVA J. RILEY, Appellant, v. VIRGIL W. FALLON, Appellee. In the Matter of the Estate of Virgil W. Fallon, Deceased.

Supreme Court of Kansas.

Opinion filed February 29, 1956.

Attorney(s) appearing for the Case

Keith Eales, of Wichita, argued the cause, and Lloyd M. Kagey, Max L. Hamilton, Daniel D. Dwyer, William A. Kahrs, Robert H. Nelson, and Clarence N. Holeman, all of Wichita, were with him on the briefs for the appellant.

Robert C. Foulston, of Wichita, argued the cause, and George B. Powers, Carl T. Smith, John F. Eberhardt, Samuel E. Bartlett, Stuart R. Carter, Malcolm Miller, Robert N. Partridge, 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.:

The two appeals here disposed of grow out of an action originally commenced in the district court and a proceeding originally commenced in the probate court, the purpose of each being to recover damages for the alleged wrongful death of William L. Riley.

Without recital of all details it may be said the appeals arise from the following.

On June 10, 1951, there was a collision of an automobile...

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