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GARD v. SHERWOOD CONSTRUCTION CO.

No. 43,933

194 Kan. 541 (1965)

400 P.2d 995

ZANE GARD, Appellant, v. SHERWOOD CONSTRUCTION CO., INC., Appellee.

Supreme Court of Kansas.

Opinion filed April 10, 1965.

Attorney(s) appearing for the Case

Thomas A. Wood, of Wichita, argued the cause, and Paul V. Smith, Douglas E. Shay, William C. Farmer, Leo R. Wetta, James R. Schaefer and Paul V. Dugan, all of Wichita, were with him on the briefs for the appellant.

Robert C. Foulston, of Wichita, argued the cause, and George B. Powers, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Malcolm Miller, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris, Gerald Sawatzky, Donald L. Cordes, Robert L. Howard, Charles J. Woodin, Mikel L. Stout, Ronald K. Badger and Benjamin C. Langel, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This was an action brought by Zane Gard, plaintiff (appellant), against Sherwood Construction Co., Inc., defendant (appellee), to recover damages for the wrongful death of plaintiff's wife arising from a car-truck collision occurring on U.S. Highway 54 west of Pratt about 5:45 p.m. on June 1, 1961.

The plaintiff commenced this action upon the theory the defendant was negligent in the following particulars...

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