ROCKHILL, ADMINISTRATOR v. TOMASIC

No. 41,781

186 Kan. 599 (1960)

352 P.2d 444

KENNETH P. ROCKHILL, Administrator of the Estate of Albert W.C. Timm, a/k/a Albert Timm, Deceased, Appellee, v. NICK J. TOMASIC, Appellant.

Supreme Court of Kansas.

Opinion filed May 14, 1960.


Attorney(s) appearing for the Case

H.E. Jones, of Wichita, argued the cause, and A.W. Hershberger, Richard Jones, Wm. P. Thompson, Jerome E. Jones, Robert J. Roth, and William R. Smith, all of Wichita, were with him on the briefs for appellant.

George Forbes, of Eureka, argued the cause, and Fred W. Aley, Robert B. Morton, John Jay Darrah, Phillip S. Mellor, and Paul M. Buchanan, all of Wichita, and Thos. C. Forbes and Harold G. Forbes, of Eureka, were with him on the briefs for appellee.


The opinion of the court was delivered by

FATZER, J.:

This action was commenced by the plaintiff as administrator of the estate of Albert W.C. Timm, deceased, against Nick J. Tomasic for damages to an automobile, loss of wages, and personal injuries to the decedent, accruing from October 7, 1957, the date of the accident, to November 27, 1957, the date of death. A motion to strike an affirmative defense pleaded in the amended answer was sustained on August...

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