HEGWALD v. CLARKSON CONSTR. CO.

No. 53,074

7 Kan. App. 2d 375 (1982)

642 P.2d 573

BEVERLY SUE HEGWALD, Guardian and Conservator; CASEY S. HEGWALD, Son; MINDY L. HEGWALD, KERI HEGWALD and MELISSA HEGWALD, Daughters, Appellees, v. CLARKSON CONSTRUCTION COMPANY and COMMERCIAL UNION ASSURANCE COMPANIES, Appellants.

Court of Appeals of Kansas.

Opinion filed March 18, 1982.


Attorney(s) appearing for the Case

Frederick L. Haag, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, for appellants.

Robert S. Luke, of Burlington, for appellees.

Before FOTH, C.J., ABBOTT and SWINEHART, JJ.


ABBOTT, J.:

The issue in this case is whether the children of James E. Hegwald were "wholly dependent" on their father's earnings (as required by K.S.A. 44-510b [Ensley]) at the time of his death. That question is one of fact. Richardson v. Robert Drummond Trucking, 204 Kan. 385, 390, 461 P.2d 754 (1969). Thus, the question before us is whether the trial court's implied finding that the children...

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