HICKERT v. WRIGHT

No. 40,677

182 Kan. 100 (1957)

319 P.2d 152

ALBERT HICKERT and AMANDA HICKERT, Appellants, v. WILLIAM WRIGHT, FRANKLYN D. SHIMMICK and BLEVINS S. BROOKS, d/b/a The Brooks Motor Company, Appellees.

Supreme Court of Kansas.

Opinion filed December 7, 1957.


Attorney(s) appearing for the Case

L.F. Cushenbery, of Oberlin, and Kenneth Clark, of Hill City, argued the cause, and W.H. Clark and Marion W. Chipman, both of Hill City, were with them on the briefs for the appellants.

W.A. Kahrs, of Wichita, argued the cause, and Robert H. Nelson and Patrick F. Kelly, both of Wichita, were with him on the briefs for the appellee, Franklyn D. Shimmick.

Wm. B. Ryan, of Norton, argued the cause, and George P. Nellans, of Norton, was with him on the briefs for the appellees, William Wright and Blevins S. Brooks.


The opinion of the court was delivered by

SCHROEDER, J.:

This is an action for wrongful death brought by the parents (plaintiffs below) as the next of kin of Caroline Hickert, age 17, who was killed in an automobile accident near Atwood, Kansas.

The question presented for determination on this appeal is whether or not the district court correctly sustained separate demurrers to the amended petition on the ground that it failed to state a cause of action...

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