Byas v. Dodge City Rendering Co.

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 Eyas, 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 for trial. One phase of the case, now immaterial, reached this court in Smith v. Dodge City Rendering Co., 175 Kan. 243, 263 P. 2d 237.

The jury…