LANDES v. SMITH

No. 42,597

189 Kan. 229 (1962)

368 P.2d 302

MRS. DARLENE LANDES, Widow, and DONNA D. and BRENDA M. LANDES, Minor Dependents of Harvey Landes, Deceased, Appellants and Cross-Appellees, v. R.L. SMITH, d/b/a R.L. MOVERS, Appellant and Cross-Appellees, and EXCHANGE CASUALTY AND SURETY COMPANY, Appellee and Cross-Appellant.

Supreme Court of Kansas.

Opinion filed January 20, 1962.


Attorney(s) appearing for the Case

John R. Oliver, of Kansas City, argued the cause, and J. Milton Sullivant, Lewis C. Smith, Gerald L. Rushfelt, and Clifford T. Mueller, all of Kansas City, were with him on the briefs, for Mrs. Darlene Landes, Widow, and Donna D. and Brenda M. Landes, Minor Dependents of Harvey Landes, deceased, Appellants and Cross-Appellees.

John R. Fisette, of Kansas City, argued the cause and was on the briefs for R.L. Smith, Appellant and Cross-Appellee.

J.D. Lysaught, of Kansas City, argued the cause, and J.E. Schroeder, Lee E. Weeks, Leonard O. Thomas, Richard Millsap, Robert H. Bingham, and Ervin G. Johnston, all of Kansas City, were with him on the briefs for the Exchange Casualty and Surety Company, Appellee and Cross-Appellant.


The opinion of the court was delivered by

PARKER, C.J.:

This is a workmen's compensation case brought by the claimants, the widow (Darlene Landes) and two minor children (Donna D. and Brenda M. Landes) of a deceased workman (Harvey Landes), against the decedent's employer. R.L. Smith is named as the employer and respondent and the Exchange Casualty and Surety Company is named as the insurance carrier. An appeal was taken to the district court by the insurance...

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