BROCK, ADMINISTRATOR v. PEABODY COOPERATIVE EQUITY EXCH

No. 41,802

186 Kan. 657 (1960)

352 P.2d 37

JOSEPH E. BROCK, Administrator of the Estate of Ernest H. Shank, Deceased, Appellant, v. THE PEABODY COOPERATIVE EQUITY EXCHANGE, a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed May 14, 1960.


Attorney(s) appearing for the Case

John H. Gerety, of Wichita, argued the cause, and Sidney L. Foulston, Enos E. Hook and Sidney L. Foulston, Jr., all of Wichita, were with him on the briefs for the appellant.

John F. Hayes, of Hutchinson, argued the cause, and Robert J. Gilliland and C.W. Miller, both of Hutchinson, and David W. Wheeler and Edwin G. Westerhaus, both of Marion, were with him on the brief for the appellee.


The opinion of the court was delivered by

WERTZ, J.:

This was an action for damages brought by Ernest Shank for the wrongful death of his wife against The Peabody Co-operative Equity Exchange, defendant (appellee). From an order of the trial court sustaining defendant's demurrer to plaintiff Shank's amended petition, plaintiff appealed. Pending the appeal, Ernest Shank died and this action was later revived. It now proceeds in the name of Joseph E. Brock,...

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