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MORLAN v. SMITH

No. 43,099

191 Kan. 218 (1963)

380 P.2d 312

L.D. MORLAN and GENEVA MORLAN, his wife, Appellants, v. ROBERT J. SMITH, Appellee.

Supreme Court of Kansas.

Opinion filed April 6, 1963.

Attorney(s) appearing for the Case

Gerald L. Goodell, of Topeka, argued the cause, and Lester M. Goodell, Marlin S. Casey, Raymond Briman, Murray F. Hardesty, Wayne T. Stratton and Robert E. Edmonds, all of Topeka, and Steadman Ball, J.W. Lowry, William E. Stillings and Robert D. Caplinger, all of Atchison, were with him on the brief for the appellants.

Terence D. O'Keefe, of Atchison, argued the cause, and Maurice P. O'Keefe, Sr., Dolan McKelvy and Maurice P. O'Keefe, Jr., all of Atchison, were with him on the brief for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This was an action by parents to recover for the alleged wrongful death of their six-year-old son as the result of being struck by an automobile driven by defendant.

The jury returned a verdict for defendant and made special findings. Judgment for defendant was entered thereon, and plaintiffs have appealed from the order overruling their motion for new trial, and specify a number of alleged trial...

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