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COPE v. RADFORD

No. 43,199

191 Kan. 617 (1963)

383 P.2d 563

IMAGENE COPE, Surviving Wife and Next of Kin of KENNETH O. COPE, Appellee, v. JACK RADFORD and THE BEECH AIRCRAFT CORPORATION, Appellants.

Supreme Court of Kansas.

Opinion filed July 10, 1963.

Attorney(s) appearing for the Case

Albert L. Kamas, of Wichita, argued the cause, and Milton Zacharias, Kenneth H. Hiebsch, Richard A. Render, Donald E. Lambdin, and J. Dwain Schmidt, all of Wichita, were with him on the briefs for the appellants.

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

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from a judgment for wrongful death. The main question involved is whether the deceased was traveling as a guest or a paying passenger when the automobile accident occurred which caused the death.

In view of the limited issues, we need note only a single paragraph from the petition and answer. The petition alleged that the defendant, Jack Radford, was being paid by the defendant...

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