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RUPE v. SMITH

No. 40,597

181 Kan. 606 (1957)

313 P.2d 293

GILLIE C. RUPE, Appellee, v. PHYLLIS MAURENE SMITH, and O.D. SMITH, Her Father and Natural Guardian, Appellants.

Supreme Court of Kansas.

Opinion filed July 3, 1957.

Attorney(s) appearing for the Case

Robert M. Siefkin, of Wichita, argued the cause and George B. Powers, Carl T. Smith, John F. Eberhardt, Samuel E. Bartlett, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, Robert N. Partridge, Richard C. Harris and Gerald Sawatzky, all of Wichita, were with him on the briefs for the appellants.

John Callahan, of Wichita, argued the cause and Dale Kidwell, George W. Ball, and Jack H. Greene, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

HALL, J.:

This is an appeal from an order overruling a demurrer to the petition in a wrongful death action.

Gillie C. Rupe, the plaintiff and appellee in this action, filed a suit for wrongful death against Phyllis Maurene Smith and O.D. Smith, her father and natural guardian, defendants and appellants herein.

After proper allegations on capacity to sue, the plaintiff alleged that the defendant Phyllis...

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