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BOURNE v. ATCHISON, T. & S.F. RLY. CO.

No. 46,627

209 Kan. 511 (1972)

497 P.2d 110

GINGER LEE BOURNE and ROBERT LEE BOURNE, by Their Mother and Next Friend, JUANITA L. BOURNE, and JUANITA L. BOURNE, Individually, Appellees, v. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed May 6, 1972.

Attorney(s) appearing for the Case

Roth A. Gatewood, of Topeka, argued the cause, and J.B. Reeves, J.W. Dillingham and T.R. Conklin, of Topeka, were with him on the brief for the appellant.

Marian M. Burns, of Lyndon, argued the cause, and Clyde M. Burns, of Lyndon, was with her on the brief for the appellees.

The opinion of the court was delivered by

PRAGER, J.:

This is an action to recover damages for the wrongful death of Derald L. Bourne. The suit was brought by Juanita L. Bourne, his widow, individually and as the mother and next friend of their two children, Robert Lee and Ginger Lee Bourne. Derald L. Bourne was killed at a rural railroad crossing in Osage County, Kansas, on March 1, 1969, when the truck in which he was

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