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BARTLETT v. DAVIS CORPORATION

No. 47,868

219 Kan. 148 (1976)

547 P.2d 800

LOUIS BARTLETT, Father, and Heir at Law, of Dean L. Bartlett, Deceased, et al., Plaintiffs, v. DAVIS CORPORATION, Appellant, and MARINUS HEERSCHE, d/b/a WICHITA BIG RIVER SAND COMPANY, Appellee, v. IOWA MUTUAL INSURANCE COMPANY OF DeWITT, IOWA, a Corporation, R.C. SUDGEN, SUDGEN INSURANCE AGENCY, INC., and INSURANCE SERVICES OF KANSAS, INC., Appellees.

Supreme Court of Kansas.

Opinion filed March 6, 1976.

Attorney(s) appearing for the Case

Fred A. Beaty, of Wichita, argued the cause and was on the brief for the appellant.

Richard C. Hite, of Wichita, argued the cause and was on the brief for R.C. Sugden, Sugden Insurance Agency, and Insurance Services of Kansas, Inc., appellees.

H.E. Jones, of Wichita, argued the cause and was on the brief for Iowa Mutual Insurance Company, of DeWitt, Iowa, appellee.

George D. McCarthy, of Wichita, was on the brief for Marinus Heersche, appellee.

The opinion of the court was delivered by

KAUL, J.:

This is an action for indemnity arising from a judgment for damages for the wrongful death of plaintiffs' decedents, two young boys who drowned in a sand and gravel pit owned by appellant Davis Corporation (hereafter referred to as Davis) and operated by Marinus Heersche, d/b/a Wichita Big River Sand Company (hereafter referred to as Heersche). The wrongful death judgment against Davis and Heersche was affirmed...

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