MINEAR v. ENGEL

No. 40,913

184 Kan. 383 (1959)

337 P.2d 693

FRED MINEAR, Surviving Spouse and Next of Kin of Billie Minear, Deceased, Appellant, v. ROBERT E. ENGEL, Appellee.

Supreme Court of Kansas.

Opinion filed April 11, 1959.


Attorney(s) appearing for the Case

Clarence N. Holeman, of Wichita, argued the cause and was on the briefs for the appellant.

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


The opinion of the court was delivered by

ROBB, J.:

This action was based on the theory that defendant's negligence was the proximate cause of the wrongful death of Billie Minear. It was brought by her husband as her surviving spouse and next of kin in behalf of himself and their minor children. The appeal is from the verdict of the jury and the judgment of the trial court in favor of defendant.

Plaintiff testified that on August 25, 1956, Billie Minear...

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