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KNOX v. BARNARD

No. 40,606, 40,616

181 Kan. 943 (1957)

317 P.2d 452

MARY LORRAINE KNOX, Appellee, v. ROY A. BARNARD, Defendant, and JOE EVANS, Appellant. MARY LORRAINE KNOX, Appellee, v. ROY A. BARNARD, Appellant, and JOE EVANS, Defendant.

Supreme Court of Kansas.

Opinion filed November 9, 1957.

Attorney(s) appearing for the Case

Rowland Edwards, of Waterville, argued the cause, and W.M. Beall, of Clay Center, was with him on the briefs for the appellant Roy A. Barnard.

Lyle C. Holland, of Lincoln, Nebraska, argued the cause, and Robert E. Ferguson, of Marysville, was with him on the briefs for the appellant Joe Evans.

Richard W. Mason, of St. Joseph, Missouri, argued the cause, and Robert F. Galloway, of Marysville, was with him on the briefs for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This was an action to recover for the wrongful death of plaintiff's husband alleged to have been caused by the concurrent negligence of two defendants. The trial resulted in a verdict and judgment for plaintiff in the sum of $22,500 against both defendants. Each defendant has appealed and the appeals were consolidated in this court.

Before discussing the pleadings and the specific evidence introduced...

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