SMITHSON, EXECUTOR v. DUNHAM

No. 45,046

201 Kan. 455 (1968)

441 P.2d 823

WAYNE G. SMITHSON, Executor of the Will of Marvella Smithson, Deceased, WAYNE G. SMITHSON, Individually, Appellants, v. DILLARD H. DUNHAM, Appellee.

Supreme Court of Kansas.

Opinion filed June 8, 1968.


Attorney(s) appearing for the Case

David H. Heilman, of Council Grove, argued the cause and was on the briefs for the appellants.

Robert M. Siefkin, of Wichita, argued the cause, and Leo Newell Johnson, of Council Grove, and George B. Powers, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, Robert N. Partridge, Richard C. Harris, Gerald Sawatzky, Donald L. Cordes, Robert L. Howard, Charles J. Woodin, Mikel L. Stout, Benjamin C. Langel, Phillip S. Frick, Jerry G. Elliott, John E. Foulston, Stanley G. Andeel, and John E. Neal, all of Wichita, were with him on the briefs for the appellee.


The opinion of the court was delivered by

KAUL, J.:

This is a wrongful death action under the provisions of K.S.A. 60-1901. Appellants have appealed from a summary judgment in favor of defendant-appellee.

The tragic accident, out of which this lawsuit arose, occurred at an open uncontrolled, rural intersection of two county roads in Morris County at approximately 5:45 p.m. on August 13, 1965. The intersection is located about three miles north and...

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