RUTHRAUFF, ADMINISTRATRIX v. KENSINGER

No. 47,174

214 Kan. 185 (1974)

519 P.2d 661

DORIS RUTHRAUFF, Administratrix, c.t.a. of the Estate of Helen F. Smith, Deceased, Appellant, v. LYLE KENSINGER d/b/a KENSINGER-HAIGHT CONSTRUCTION COMPANY, and JOHNNIE WHITE, SR. d/b/a WHITE PLUMBING COMPANY, Appellees, and CITY OF CHANUTE, KANSAS, a municipal corporation, Defendant.

Supreme Court of Kansas.

Opinion filed March 2, 1974.


Attorney(s) appearing for the Case

J.L. Weigand, Jr., of Wichita, argued the cause, and Dennis L. Gillen, also of Wichita, was with him on the brief for the appellant.

Jack L. Lively, of Coffeyville, argued the cause, and William D. Coombs, of Balch & Briley, of Chanute, and William A. Hensley, of Wichita, were with him on the brief for Lyle Kensinger d/b/a Kensinger-Haight Construction Company, appellee.

Raymond L. Dahlberg, of Turner, Chartered, of Great Bend, argued the cause, and Lee Turner, of the same firm, was with him on the brief for Johnnie White, Sr. d/b/a White Plumbing Company, appellee.


The opinion of the court was delivered by

FROMME, J.:

This action arose from a gas explosion and fire which destroyed the residence of Mr. and Mrs. Robert Smith on September 17, 1970. Mrs. Smith was severely burned and died twelve days later as a result of the injuries she received. The administratrix c.t.a. of the estate, who filed the present action on September 15, 1972, will be referred to as the plaintiff. The...

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