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

No. 46,568

211 Kan. 368 (1973)

507 P.2d 353

TAMILA JO CULLEN, ANTHONY JOSEPH CULLEN and TERRI LYNN CULLEN, minors, by DAVID CULLEN, Guardian of the person of said minors, and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellees, v. THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed March 3, 1973.

Attorney(s) appearing for the Case

J.L. Weigand, Jr., of Weigand, Curfman, Brainerd, Harris and Kaufman, of Wichita, argued the cause, and J.B. Reeves, of Topeka, was with him on the brief for the appellant.

Jerry G. Elliot, of Foulston, Siefkin, Powers and Eberhardt, of Wichita, argued the cause, and Robert L. Howard, of the same firm, was with him on the brief for appellee State Farm Mutual Automobile Insurance Company.

James F. Foster, of Foster and Foster, of Wichita, argued the cause and was on the brief for appellee David Cullen, et al.

The opinion of the court was delivered by

HARMAN, C.:

This is an interlocutory appeal in a wrongful death action. Issues presented involve validity and construction of a loan receipt agreement entered into by the guardian of the minor heirs of a passenger killed in an automobile-railway train collision and the liability insurance carrier of the driver of the automobile occupied by the decedent at the time of the collision...

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