BARTLETT v. HEERSCHE

No. 45,503

204 Kan. 392 (1969)

462 P.2d 763

LOUIS BARTLETT, Father and Heir at Law of Dean L. Bartlett, Deceased, and VERNON A. ELLIOTT, Father and Heir at Law of Vernon A. Elliott, Jr., Deceased, Appellees, v. MARINAS HEERSCHE, d/b/a WICHITA BIG RIVER SAND COMPANY, Appellant and Cross Appellee, and DAVIS CORPORATION, a Kansas Corporation, Appellant and Cross Appellant.

Supreme Court of Kansas.

Opinion filed December 23, 1969.


Attorney(s) appearing for the Case

Robert J. O'Connor, of Wichita, argued the cause, and A.W. Hershberger, Richard Jones, H.E. Jones, Jerome E. Jones, Robert J. Roth, William R. Smith, Greer Gsell, Stephen J. Jones, Michael Jones and George D. McCarthy, all of Wichita, were with him on the brief for the appellant and cross appellee, Marinas Heersche, d/b/a Wichita Big River Sand Company.

Fred A. Beaty, of Wichita, argued the cause, and E. Lael Alkire, Richard B. Clausing, Robert A. Coldsnow, Aubrey J. Bradley, Jr., Thomas A. Bush, Ronald J. Wilkinson, Gillard Cohen, Harry L. Eddy and Martha R. Hodges, all of Wichita, were with him on the brief for the appellant and cross appellant, Davis Corporation.

John C. Frank, of Wichita, argued the cause, and Patrick Kelly and Lloyd M. Kagey, both of Wichita, were with him on the brief for the appellees.


The opinion of the court was delivered by

SCHROEDER, J.:

This is a wrongful death action brought by the parents of two young boys who drowned in a sand pit within the city limits of Wichita, Kansas. The case was tried to a jury on the theory of attractive nuisance and a verdict returned for the plaintiffs in the total sum of $52,024.02. From the judgment thereon appeal has been duly perfected by the defendants assigning...

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