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TALLEY v. J & L OIL CO.

No. 48,613

224 Kan. 214 (1978)

579 P.2d 706

WILLIE R. TALLEY, FATHER AND HEIR-AT-LAW OF LYNN RAY TALLEY, DECEASED, Appellee, v. J & L OIL COMPANY, INC., Appellant.

Supreme Court of Kansas.

Opinion filed June 10, 1978.

Attorney(s) appearing for the Case

David G. Arst, of Arst & Goudy, of Wichita, argued the cause and was on the brief for the appellant.

John C. Frank, of Wichita, argued the cause, and Raymond W. Baker, also of Wichita, was with him on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

This is a wrongful death action brought on the attractive nuisance theory. The deceased, Lynn Ray Talley, was a 13 1/2-year-old boy who drowned in an oil storage tank located near the outskirts of the city of Wichita. The father of the deceased boy recovered judgment on a jury verdict for $23,500.00. The J & L Oil Company, Inc., which was operator and owner of the oil lease, brings this appeal. It claims...

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