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CUDDY v. TYRRELL

No. 38,143

171 Kan. 232 (1951)

232 P.2d 607

FRED R. CUDDY and BLANCHE M. CUDDY, the father and mother and next of kin of Geraldine Cuddy, deceased, Appellees, v. C.L. TYRRELL and VIVIAN MAY TYRRELL, doing business as C.L. TYRRELL OIL FIELD TRUCKING COMPANY and TRI-STATE INSURANCE COMPANY, Appellants.

Supreme Court of Kansas.

Opinion filed June 9, 1951.

Attorney(s) appearing for the Case

Barton E. Griffith, of Topeka, argued the cause, and George R. Lehmberg, of McPherson, was with him on the briefs for the appellants.

Evart Mills, of McPherson, argued the cause, and Herbert Diets and Boyce P. Hardman, both of Great Bend, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

This was an action to recover damages for the alleged wrongful death of the daughter of plaintiffs resulting from an automobile collision. Defendants Tyrrell were common carriers for the hauling of oil field equipment, under permit of the Kansas Corporation Commission, and the other defendant is their insurance carrier. The collision of the car in which the deceased was riding, with another automobile coming...

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