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PROWANT, ADMINISTRATRIX v. KINGS-X

No. 41,114

184 Kan. 413 (1959)

337 P.2d 1021

HILDA P.C. PROWANT, Administratrix of the Estate of R.J. Prowant, Deceased, Appellant, v. KINGS-X, INC., a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed April 11, 1959.

Attorney(s) appearing for the Case

Cliff W. Ratner, of Wichita, argued the cause, and Payne H. Ratner, Louise Mattox, Payne H. Ratner, Jr., Gerald D. Lasswell, and Edmund R. Learned, all of Wichita, were with him on the briefs for the appellant.

Robert H. Nelson, of Wichita, argued the cause, and W.A. Kahrs and Patrick F. Kelly, both of Wichita, were with him on the brief for the appellee.

The opinion of the court was delivered by

JACKSON, J.:

In June, 1955, R.J. Prowant, the appellant's intestate, filed an action for personal injuries alleged to have been suffered when a counter stool in appellee's cafe gave way causing him to fall to the floor. Before the action was ready for trial, Prowant died on December 27, 1956. In due course the pending action was revived by the appellant as administratrix (see G.S. 1949, 60-3201). Thereafter, appellant...

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