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WILLIAMS v. STATE HIGHWAY COMMISSION

No. 43,669

194 Kan. 18 (1964)

397 P.2d 341

PAUL J. WILLIAMS, as next of kin of Kathy Williams, deceased, Appellee, v. THE KANSAS STATE HIGHWAY COMMISSION, Appellant.

Supreme Court of Kansas.

Opinion filed December 12, 1964.

Attorney(s) appearing for the Case

Barton E. Griffith, Assistant Attorney, argued the cause, and Charles N. Henson, Assistant Attorney General, and Samuel Mellinger, of Emporia, were with him on the brief for the appellant.

David W. Kester, of Eureka, and Payne H. Ratner, Jr., of Wichita, argued the cause and were on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal from an order of the trial court refusing to set aside a default judgment entered against the State Highway Commission for $25,000. (Appeal is also taken from the default judgment.)

Two basic questions are presented. The first is procedural and challenges the validity of the appeal. The second is substantive — whether the trial court abused the exercise of its power of...

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