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KIMBERLY v. LEDBETTER

No. 41,074

183 Kan. 644 (1958)

331 P.2d 307

DeWAIN KIMBERLY, SR.; JEANNETTE KIMBERLY, a minor; CAROL ANN KIMBERLY, a minor; DEWAIN KIMBERLY, JR., a minor; JACKIE DEAN KIMBERLY, a minor; and DONNIE LEE KIMBERLY, a minor, by DeWain Kimberly, Sr., their father, as natural guardian and next friend, Appellees, v. IRA LEDBETTER, Appellant.

Supreme Court of Kansas.

Opinion filed November 8, 1958.

Attorney(s) appearing for the Case

Roy L. Rogers and Pat Warnick, of Wichita, were on the briefs for appellant.

George Barrett and Richard Barrett, of Pratt, were on the briefs for appellees.

The opinion of the court was delivered by

FATZER, J.:

This appeal is from an order overruling a demurrer to the petition.

The plaintiffs are the surviving spouse and five minor children of Alice Kimberly, deceased, and seek to recover damages for her wrongful death. The petition states the subject matter of the action to be:

"That on the 10th day of February, 1957, the defendant performed an operation upon Alice Kimberly, with the intent and...

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