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BROCK, ADMINISTRATOR v. PEABODY COOPERATIVE EQUITY EXCH

No. 42,539

189 Kan. 364 (1962)

369 P.2d 320

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

Supreme Court of Kansas.

Opinion filed March 3, 1962.

Attorney(s) appearing for the Case

Clarence N. Holeman, of Wichita, argued the cause, David W. Wheeler and Edwin G. Westerhaus, both of Marion, Robert J. Gilliland, John F. Hayes and C. William Miller, all of Hutchinson, were with him on the briefs for the appellant.

Enos E. Hook and John H. Gerety, both of Wichita, argued the cause, Sidney L. Foulston, Sr., and Sidney L. Foulston, Jr., both of Wichita, and John Wheeler, of Marion, were with them on the briefs for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is a wrongful death action filed January 9, 1959, by a father for the death of his eleven-year-old son on November 25, 1958. The case has previously been before this court on appeal in Shank v. Peabody Cooperative Equity Exchange, 186 Kan. 648, 352 P.2d 41, testing the sufficiency of the amended petition to state a cause...

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