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IN RE ESTATE OF ROTH

No. 43,260

191 Kan. 493 (1963)

382 P.2d 320

In the Matter of the Estate of John Roth, Deceased. (ALICE M. McMURPHEY, Appellee, v. JAMES ROTH, Executor of the Will of John Roth, Deceased, Appellant.)

Supreme Court of Kansas.

Opinion filed June 8, 1963.

Attorney(s) appearing for the Case

John G. Atherton, of Emporia, argued the cause, and Samuel Mellinger, also of Emporia, was with him on the brief for the appellant.

C.K. Sayler, of Topeka, argued the cause, and David H. Fisher, Donald Patterson, and Jack L. Summers, all of Topeka, and Everett Steerman and Elvin Perkins, both of Emporia, were with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action involving a rural intersection collision in which both drivers were killed. There were no witnesses to the accident. The case was tried to a jury which was dismissed because it was unable to reach a verdict. Appeal has been duly perfected from orders overruling the defendant's demurrer to the plaintiff's evidence and motion for a directed verdict.

The only question presented...

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