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TOMPKINS v. RINNER CONSTRUCTION CO.

No. 44,055

194 Kan. 278 (1965)

398 P.2d 578

LUCILLE L. TOMPKINS, Widow of Raymond Evans Tompkins, Sr., Deceased, Appellee, v. GEORGE RINNER CONSTRUCTION COMPANY, INC., and WESTERN CASUALTY AND SURETY COMPANY, Appellants.

Supreme Court of Kansas.

Opinion filed January 23, 1965.

Attorney(s) appearing for the Case

Herbert A. Marshall, of Topeka, argued the cause, and Doral H. Hawks, E. Gene McKinney, and Wayne E. Hundley, also of Topeka, were with him on the brief for the appellants.

J.H. Eschmann, of Topeka, argued the cause, and L.M. Ascough, and John A. Bausch, also of Topeka, were with him on the brief for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This is a workman's compensation case. The workman died as a result of his accidental injuries. The district court entered an award to his widow for the death benefit, together with a funeral allowance. The employer and its insurance carrier have appealed.

It was stipulated that the only question presented is whether the fatal accidental injury arose out of and in the course of the employment.

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