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SHOEMAKER v. HARDWICK

No. 42,512

189 Kan. 72 (1961)

366 P.2d 1008

MRS. ANNA SHOEMAKER, Wholly Dependent Widow of Clarence Shoemaker, Deceased, Appellant, v. S.W. HARDWICK & W.K. INGRAM, d.b.a. HARDWICK & INGRAM CONSTRUCTION COMPANY or S.W. HARDWICK d.b.a. HARDWICK CONSTRUCTION COMPANY and STANDARD ACCIDENT INSURANCE COMPANY, Appellees.

Supreme Court of Kansas.

Opinion filed December 9, 1961.

Attorney(s) appearing for the Case

George E. McCullough, of Topeka, argued the cause, and William L. Parker, Jr., Robert B. Wareheim, and Philip J. Saia, of Topeka, were with him on the briefs for the appellant.

C. Stanley Nelson, of Salina, argued the cause, and E.S. Hampton, H.H. Dunham, Jr., John Q. Royce, H.G. Engleman, Jack N. Stewart, and Tom W. Hampton, of Salina, were with him on the briefs for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

This action was brought by the wholly dependent widow of a deceased workman to recover compensation for his death under the provisions of the workmen's compensation act (G.S. 1949, ch. 44, art. 5, as amended).

After making a summary of the evidence, the compensation commissioner found that

"The injury, if any, which occurred on the job must be a cough producing phenomena [phenomenon...

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