TOWNSEND, ADMINISTRATOR v. JONES

No. 41,008

183 Kan. 543 (1958)

331 P.2d 890

LLOYD C. TOWNSEND, Administrator of the Estate of Howard G. Townsend, Deceased, Appellant, v. PAUL LAVERNE JONES, Appellee.

Supreme Court of Kansas.

Opinion filed November 8, 1958.


Attorney(s) appearing for the Case

Ernest J. Rice and Robert M. Cowger, both of Topeka, argued the cause, and James Sullivan and Wallace M. Buck, Jr., both of Topeka, were with them on the briefs for appellant.

Michael A. Barbara, of Topeka, argued the cause, and Marion Beatty and Robert W. Domme, both of Topeka, were with him on the briefs for appellee.


The opinion of the court was delivered by

SCHROEDER, J.:

This is an action filed under the wrongful death statute by the administrator (appellant) for the death of Howard G. Townsend. The action was based upon the negligence of the defendant in driving his automobile in excess of the lawful speed limit, and in failing to yield the right of way to the decedent who was walking across a highway. Contributory negligence was the basis of the defense. The case was...

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