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WILLIAMS v. KEARBEY

No. 63,137

13 Kan. App. 2d 564 (1989)

775 P.2d 670

DANIEL B. WILLIAMS, by and through, ROBERT R. WILLIAMS, and DON HARRIS, Appellees, v. ALAN KEARBEY, by and through WAYNE W. KEARBEY and MARY KEARBEY, Appellant, and U.S.D. No. 265, Goddard, Kansas, Defendant.

Court of Appeals of Kansas.

Opinion filed June 9, 1989.

Attorney(s) appearing for the Case

Alan L. Rupe and Alan R. Pfaff, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, for the appellant.

Robert W. Reynolds, of Wichita, for the appellees.

Before LEWIS, P.J., DAVIS and GERNON, JJ.

DAVIS, J.:

In this case, we are asked to update Kansas tort law by holding that a 1927 Kansas Supreme Court decision no longer states the current tort law in Kansas. That decision held that "[a]n insane person who shoots and kills another is civilly liable in damages to those injured by his tort." Seals v. Snow, 123 Kan. 88, Syl. ¶ 1,254 Pac. 348 (1927). We conclude that Seals v. Snow is well grounded in sound public policy and expresses the unanimous...

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