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GALLEHER v. CITY OF WICHITA

No. 40,012

179 Kan. 513 (1956)

296 P.2d 1062

JOHN T. GALLEHER and RUTH GALLEHER, Appellants, v. CITY OF WICHITA; MARY EVANS; REBEKAH ROUNDS; RALPH ROUNDS and DONALD COOPER, Appellees.

Supreme Court of Kansas.

Opinion filed May 5, 1956.

Attorney(s) appearing for the Case

C.H. Morris, of Wichita, argued the cause, and Robert F. Bailey and Willard J. Kiser, Jr., both of Wichita, were with him on the briefs for appellants.

Douglas E. Shay, of Wichita, argued the cause, and Fred W. Aley, of Wichita, was with him on the briefs for appellee City of Wichita. 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 appellees Mary Evans, Rebekah Rounds, Ralph Rounds and Donald Cooper.

The opinion of the court was delivered by

FATZER, J.:

This was an action for the wrongful death of a five-year-old boy. The demurrers of all defendants to plaintiffs' amended petition were sustained. Plaintiffs have appealed.

The amended petition alleged that plaintiffs are the parents and heirs at law of Lonny Eugene Galleher, and that Lonny Eugene died of drowning on the 19th day of October, 1953, through...

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