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WALKER, ADMINISTRATRIX v. GERRITZEN

No. 40,021

179 Kan. 400 (1956)

295 P.2d 635

MAMIE M. WALKER, Administratrix of the Estate of Jesse Franklin Walker, Deceased, Appellee, v. THEODORE GERRITZEN, Appellant.

Supreme Court of Kansas.

Opinion filed April 7, 1956.

Attorney(s) appearing for the Case

Bert J. Vance, of Garden City, argued the cause, and C.E. Vance and A.M. Fleming, of Garden City, Charles H. Fleming, of Scott City and John D. Edwards, of Lakin, were all with him on the briefs for the appellant.

Donald R. Newkirk, of Wichita, argued the cause, and Howard T. Fleeson, Homer V. Gooing, Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Robert J. Hill, Gerrit H. Wormhoudt, Theodore C. Geisert, all of Wichita, and C.E. Beymer, of Lakin, were all with him on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, J.:

This was an action to recover damages for wrongful death resulting from a pedestrian being struck by a motor vehicle while attempting to cross a public highway. The plaintiff, who was the duly qualified and acting representative of the decedent's estate, recovered and the defendant appeals.

The pleadings are not complicated and on careful examination it appears no meritorious claim is raised by...

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