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BYAS v. DODGE CITY RENDERING CO.

No. 39,546

177 Kan. 337 (1955)

279 P.2d 252

MRS. ARTHUR BYAS, Appellee, v. DODGE CITY RENDERING COMPANY, a Corporation, and MARYLAND CASUALTY COMPANY, a Corporation, Appellees, and EUGENE O. DAY, W.C. SMITH and TRI-STATE INSURANCE COMPANY, a Corporation, Appellants.

Supreme Court of Kansas.

Opinion filed January 22, 1955.

Attorney(s) appearing for the Case

Richard A. Hickey, of Liberal, argued the cause, and Collis R. Harner, of Dodge City, and Rex A. Neubauer and Ronald N. Kaarbo, both of Liberal, were with him on the briefs for the appellants.

Wm. P. Thompson, of Wichita, argued the cause, and John William Wood, of Liberal, and A.W. Hershberger, J.B. Patterson, Richard Jones, H.E. Jones and Jerome E. Jones, all of Wichita, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

This was an action brought by the widow, for the benefit of herself and her three minor children, for the wrongful death of Arthur Byas, who died as the result of a collision between the truck driven by him and a truck being driven by defendant Day.

An intervening subrogation petition and three cross-petitions were filed in the action, and all claims and issues were consolidated in the lower court...

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