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FLYNN v. ALLEN

No. 42,617

189 Kan. 533 (1962)

370 P.2d 112

ROSE M. FLYNN, Appellant, v. CHARLES ROBERT ALLEN, Appellee.

Supreme Court of Kansas.

Opinion filed April 7, 1962.

Attorney(s) appearing for the Case

Perry Owsley, of Pittsburg, argued the cause and was on the brief for the appellant.

Murvyl M. Sullinger, of Pittsburg, argued the cause, and Davis S. Carson, of Pittsburg, was with him on the brief for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This was an action by a widow for the wrongful death of her husband resulting from a one-car automobile accident.

Plaintiff's petition was drawn on the theory of res ipsa loquitur, and that her husband was a paying passenger in the car being driven by defendant. In a previous appeal (Flynn v. Allen, 187 Kan. 578

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