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JACKSON v. WOOD

No. 58,852

11 Kan. App. 2d 478 (1986)

726 P.2d 796

M. JACKSON and J. JACKSON, Minors, By CHARLES JACKSON, Their Natural Father and Next Friend, and J. FRAZIER, Minor, By CHARLES JACKSON, Next Friend, and S. KIRKHAM, Appellants, v. JIM WOOD, Individually, and d/b/a ELFIN ACRES TRAILER COURT, Ogden, Kansas, Appellee.

Court of Appeals of Kansas.

Petition for review denied December 18, 1986.

Attorney(s) appearing for the Case

Jerry R. Palmer and Martha M. Snyder, of Palmer, Marquardt & Snyder, P.A., of Topeka, for appellants.

John F. Stites and Bren Abbott, of Stites, Hill, Wilson & Brownback, of Manhattan, for appellee.

Before BRAZIL, P.J., TERRY L. BULLOCK, District Judge, assigned, and FREDERICK WOLESLAGEL, District Judge Retired, assigned.

BRAZIL, J.:

The children of Birdia Sims Jackson (deceased) appeal the order of the Riley County District Court granting summary judgment for the defendant, James Wood, d/b/a Elfin Acres Trailer Court, in a wrongful death action.

On or about January 25, 1978, Birdia Sims Jackson and John L. Hollingsworth were overcome by carbon monoxide gas leaking from a heater vent in a duplex in Ogden, Kansas, owned by the defendant and rented to Hollingsworth. The rental...

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