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HERMESCH v. HAVERKAMP

No. 43,206

191 Kan. 365 (1963)

381 P.2d 360

HENRY F. HERMESCH and ANTIONETTE F. HERMESCH, Next of Kin of Robert J. Hermesch, Appellees, v. LYNN V. HAVERKAMP, a minor and LAWRENCE HAVERKAMP (Lawrence Haverkamp), Appellant.

Supreme Court of Kansas.

Opinion filed May 11, 1963.

Attorney(s) appearing for the Case

Harry A. Lanning, of Seneca, argued the cause, and Robert M. Finley and Harry E. Miller, both of Hiawatha, and William M. Drumm, of Seneca, were with him on the briefs for the appellant.

John A. Bausch, of Topeka, argued the cause, and L.M. Ascough, and E. Edward Johnson, both of Topeka, were with him on the briefs for the appellees.

The opinion of the court was delivered by

ROBB, J.:

This appeal in a wrongful death action seeking $25,000 damages is by the defendant, Lawrence Haverkamp, from the trial court's orders overruling defendant's motion for judgment notwithstanding the verdict of the jury, and his motion for new trial.

At the hearing on the merits of this appeal a motion to dismiss was lodged by plaintiffs, pursuant to leave granted by this court when a previous motion...

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