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WROTH v. McKINNEY

No. 42,577

190 Kan. 127 (1962)

373 P.2d 216

LEE ROY WROTH, Appellee, v. L.L. McKINNEY, Appellant.

Supreme Court of Kansas.

Opinion filed July 7, 1962.

Attorney(s) appearing for the Case

Eugene W. Hiatt, of Topeka, argued the cause and was on the briefs for the appellant.

Rex A. Jemison, of Topeka, argued the cause, and Wm. Carl Zimmerman, of Topeka, was with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal in a wrongful death action from the order of the trial court overruling defendant's demurrer to plaintiff's petition.

The petition alleged plaintiff resided at 2526 Kentucky street, Topeka, that defendant resided on Rural Route No. 1, Pauline, and in pertinent part further alleged:

"IV.

"That plaintiff was employed by defendant on the 13th day of September, 1958...

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