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PROWANT, ADMINISTRATRIX, v. KINGS-X

No. 41,114

185 Kan. 602 (1959)

347 P.2d 254

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 on rehearing filed December 12, 1959.

Attorney(s) appearing for the Case

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

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

OPINION OF REVERSAL ON REHEARING

The opinion of the court was delivered by

JACKSON, J.:

A rehearing was granted in this case, and it has been reargued. The majority of the court is now of the opinion that the manifest error of the original obiter dictum found first in the case of McCarthy, Adm'r, v. Railroad Co., 18 Kan. 46, need not be further adhered to by this court. The history of the error in the McCarthy case is quite adequately...

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