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NEWMAN v. BENNETT

No. 46,846

212 Kan. 562 (1973)

512 P.2d 497

ETHEL NEWMAN, Appellee, v. A.W. BENNETT, F.L. ALQUIST, L.B. CAMPBELL and ALE OIL COMPANY, d/b/a Derbyshire Lease, and WESTERN CASUALTY AND SURETY COMPANY; L.B. CAMPBELL, d/b/a 53 State Street Lease, and WESTERN CASUALTY AND SURETY COMPANY; A.W. BENNETT, F.L. ALQUIST, L.B. CAMPBELL and ALE OIL COMPANY, d/b/a Clopton Lease, and WESTERN CASUALTY AND SURETY COMPANY; L.B. CAMPBELL, d/b/a Boles Lease, and WESTERN CASUALTY AND SURETY COMPANY; CLOIDE HENSLEY and CONTINENTAL INSURANCE COMPANY; DEWEY F. WEAVER, Appellants.

Supreme Court of Kansas.

Opinion filed July 14, 1973.

Attorney(s) appearing for the Case

John G. Atherton, of Mellinger, Atherton and Hurt, of Emporia, argued the cause and was on the brief for the appellant-holders of the Derbyshire, 53 State Street, Clopton, and Boles leases, and their insurance carrier, Western Casualty and Surety Company.

Harry E. Robbins, Jr., of Gamelson, Hiebsch, Robbins and Tinker, of Wichita, argued the cause, and George Forbes, of Tulsa, Okla., was with him on the brief for appellants Cloide Hensley, Continental Insurance Company and Dewey F. Weaver.

Stanley R. Ausemus, of Emporia, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HARMON, C.:

This is a workman's compensation proceeding brought by the widow of an oil field pumper who was killed in an automobile intersection collision. The examiner, the director of workmen's compensation upon review, and the trial court upon appeal each awarded compensation.

The issues are whether the death arose out of and in the course of decedent's employment...

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