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MATHES v. ROBINSON

No. 45,674

205 Kan. 402 (1970)

469 P.2d 259

JANICE MATHES, Appellant, v. WILLIE PHAY ROBINSON, a/k/a MRS. JOHN ROBINSON, Appellee.

Supreme Court of Kansas.

Opinion filed May 9, 1970.

Attorney(s) appearing for the Case

Edgar W. Dwire, of Malone, Dwire & Levy, of Wichita, argued the cause, and Jerry K. Levy and E.L. Malone, of the same firm, were with him on the brief for appellant.

William R. Smith, of Hershberger, Patterson, Jones & Thompson, of Wichita, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

FATZER, J.:

This was an action to recover damages for the wrongful death of the plaintiff's mother, Mrs. Harriet Phillips. (K.S.A. 60-1901.) As the appeal is presented, the sole question for our determination is whether the plaintiff's evidence was sufficient to warrant submission of the case to the jury on the theory the defendant was guilty of such reckless conduct as to evince disregard

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