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McCORMICK v. WILLIAMS

No. 43,838

194 Kan. 81 (1964)

397 P.2d 392

CLOYDE D. McCORMICK and JESSIE McCORMICK, Appellants, v. MARVIN D. WILLIAMS and DONNA F. WILLIAMS, Appellees.

Supreme Court of Kansas.

Opinion filed December 12, 1964.

Attorney(s) appearing for the Case

Russell Cranmer, of Wichita, argued the cause, and Gerald L. Michaud and M. William Syrios, both of Wichita, were with him on the briefs for the appellants.

Donald R. Newkirk, of Wichita, argued the cause, and Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Gerrit H. Wormhoudt, Philip Kasebaum, John E. Rees, Robert T. Cornwell, Willard B. Thompson and David W. Buxton, all of Wichita, and Hugo T. Wedell, of Counsel, were with him on the briefs for the appellees.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from an order sustaining a demurrer to plaintiffs' evidence in an action for the wrongful death of a child based on the attractive nuisance doctrine.

No issue is presented by the pleadings, and there is no conflict in the facts as disclosed by plaintiffs' evidence.

The defendants lived at 712 South Terrace Drive, Wichita, Kansas. Their back yard was enclosed with a white...

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