AMERICAN FAMILY MUTUAL INS. CO. v. GRIM

No. 45,033

201 Kan. 340 (1968)

440 P.2d 621

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Appellee, v. KIRK PRESTON GRIM, Appellant.

Supreme Court of Kansas.

Opinion filed May 11, 1968.


Attorney(s) appearing for the Case

William R. Smith, of Wichita, argued the cause, and A.W. Hershberger, Richard Jones, H.E. Jones, Jerome E. Jones, Robert J. Roth, Robert J. O'Connor, and Greer Gsell, of Wichita, were with him on the brief for the appellant.

John Prather, of Wichita, argued the cause, and Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, Robert T. Cornwell, Willard B. Thompson, David W. Buxton, John T. Conlee, Richard I. Stephenson, and Douglas D. Johnson, of Wichita, were with him on the brief for the appellee. Hugo T. Wedell, of Wichita, of counsel.


The opinion of the court was delivered by

O'CONNOR, J.:

This is a subrogation action by the American Family Mutual Insurance Company (plaintiff) to recover from a thirteen-year-old boy (defendant) a portion of a fire loss paid to the Derby Methodist Church, the company's insured, as the result of a fire occurring August 16, 1965. Following a trial without a jury, the lower court entered judgment in favor of the insurance...

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