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SCHAFER v. KANSAS SOYA PRODUCTS CO.

No. 42,034

187 Kan. 590 (1961)

358 P.2d 737

FRANCINE MAE SCHAFER, Appellant, v. KANSAS SOYA PRODUCTS COMPANY, INC., Appellee.

Supreme Court of Kansas.

Opinion filed January 21, 1961.

Attorney(s) appearing for the Case

Samuel Mellinger, of Emporia, argued the cause, and John G. Atherton, also of Emporia, was with him on the brief for the appellant.

Lawrence Weigand, of Wichita, argued the cause, and Everett E. Steerman and Elvin D. Perkins, both of Emporia, and Lawrence E. Curfman, Byron Brainerd, Charles W. Harris, Orval J. Kaufman, J. Ruse McCarthy, Donald A. Bell, Charles C. McCarter, J.L. Weigand, Jr., and Spencer L. Depew, all of Wichita, were with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is a wrongful death action (G.S. 1959 Supp., 60-3203) brought by the surviving widow for the benefit of herself and her unborn child pursuant to G.S. 1959 Supp., 44-504, to recover damages arising out of an accident which occurred at the defendant's place of business (a grain elevator) while the truck driven by her deceased husband was being unloaded. Workmen's compensation was recovered from the...

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