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LEHMKUHL v. CITY OF JUNCTION CITY

Nos. 40,016, 40,017

179 Kan. 389 (1956)

295 P.2d 621

FRED LEHMKUHL and PAULINE LEHMKUHL, husband and wife, Appellants, v. THE CITY OF JUNCTION CITY, a Municipal Corporation, Appellee. WARREN LEHMKUHL and BETTY LEE LEHMKUHL, husband and wife, Appellants, v. THE CITY OF JUNCTION CITY, a Municipal Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed April 7, 1956.

Attorney(s) appearing for the Case

D. Clifford Allison, of Wichita, and Robert K. Weary, of Junction City, argued the cause and Payne H. Ratner, Louise Mattox, Payne H. Ratner, Jr., Russell Cranmer, Dale B. Stinson, Jr., Cliff W. Ratner, William L. Fry, A. Wayne Murphy, Ray A. Overpeck, Bernard V. Borst, H.K. Greenleaf, Jr., all of Wichita, and U.S. Weary, of Junction City, were with them on the briefs for the appellants.

C.L. Hoover, of Junction City, argued the cause and Robert A. Schermerhorn and A.B. Fletcher, Jr., both of Junction City, were with him on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, C.J.:

These are actions for the wrongful death of two young boys. They were consolidated in the trial court and are consolidated here. The pleadings in only one will be referred to here. The demurrers of the defendant city to plaintiffs' amended petition were sustained. Plaintiffs have appealed.

The amended petition alleged the residence of plaintiffs; that...

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