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KURDZIEL v. VAN ES

No. 40,365

180 Kan. 627 (1957)

306 P.2d 159

MRS. FRANK KURDZIEL and FRANK KURDZIEL, Appellees, v. PETER A. VAN Es, d/b/a Van Es Electrical Construction Company, and JOE GILDERSLEEVE, Appellants.

Supreme Court of Kansas.

Opinion filed January 12, 1957.

Attorney(s) appearing for the Case

Tinkham Veale, of Topeka, argued the cause, and John E. DuMars, of Topeka, was with him on the briefs for the appellants.

Harold E. Doherty, of Topeka, argued the cause, and George A. Scott, and James E. Benfer, Jr., both of Topeka, were with him on the birefs for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

This was an action for damages for wrongful death (G.S. 1949, 60-3203), brought by plaintiffs (appellees) Mr. and Mrs. Frank Kurdziel, parents and next of kin of their deceased minor son Frank B. Kurdziel, Jr., aged three years, against defendants (appellants) Peter A. Van Es, d/b/a Van Es Electrical Construction Company, and Joe Gildersleeve. From a judgment in plaintiff's favor defendants appeal.

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