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RODA v. WILLIAMS

No. 44,199

195 Kan. 507 (1965)

407 P.2d 471

GEORGE W. RODA and MARY RODA, Appellees and Cross-Appellants, v. B.C. WILLIAMS, II, Appellant.

Supreme Court of Kansas.

Opinion filed November 6, 1965.

Attorney(s) appearing for the Case

Robert L. Earnest, of Russell, argued the cause, and Eric E. Smith, of Russell, was with him on the brief for the appellant.

J. Eugene Balloun, of Great Bend, argued the cause, and H. Lee Turner and James Berglund, both of Great Bend, were with him on the brief for the appellees and cross-appellants.

Howard M. Immel, of Iola, was on the brief amicus curiae for the Kansas Motor Carriers Association.

The opinion of the court was delivered by

HARMAN, C.:

This is an action for wrongful death pursuant to K.S.A. 60-1901, et seq. Appellees are the heirs at law and parents of a twenty year old boy killed as a result of alleged negligence of a fellow employee while working for a common employer. Decedent was subject to the Kansas Workmen's Compensation Act, under which appellees received death benefits from the employer and its insurance carrier in the...

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