PICKENS v. MAXWELL

No. 45,359

203 Kan. 559 (1969)

456 P.2d 4

LINDA LEE PICKENS, Widow and Next of Kin of Jerry Kent Pickens, Deceased, and LINDA LEE PICKENS, Mother and Natural Guardian of JUDITH ANN PICKENS, KATHY LEE-ANN PICKENS and TERRY WAYNE PICKENS, Minor Children of Jerry Kent Pickens, Deceased, Appellants, v. EARL W. MAXWELL, Appellee.

Supreme Court of Kansas.

Opinion filed June 14, 1969.


Attorney(s) appearing for the Case

Bill E. Fabian, of Kansas City, argued the cause, and Willard L. Phillips, Patrick B. McAnany, Thomas M. Van Cleave, Jr., James J. Lysaught, John J. Jurcyk, Jr., Robert E. Fabian, R.H. Foerschler and Robert D. Benham, all of Kansas City, were with him on the brief for the appellants.

Lawrence J. Nelson, of Topeka, argued the cause, and John H. Murray, of Leavenworth, and Harold E. Doherty and James E. Benfer, both of Topeka, were with him on the brief for the appellee.


The opinion of the court was delivered by

HATCHER, C.:

This was an action brought by a widow and children to recover damages for the wrongful death of a husband and father while traveling as a guest in an automobile which collided with another vehicle.

The collision between the defendant Maxwell's vehicle and one driven by a Phillip M. Ballantyne occurred at the intersection of Highway K-32 and Eudora Road in Leavenworth County, Kansas, at about 5...

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