Smithson v. Dunham

The opinion of the court was delivered by

Kaul, J.:

This is a wrongful death action under the provisions of K. S. A. 60-1901. Appellants have appealed from a summary judgment in favor of defendant-appellee.

The tragic accident, out of which this lawsuit arose, occurred at an open uncontrolled, rural intersection of two county roads in Morris County at approximately 5:45 p. m. on August 13, 1965. The intersection is located about three miles north and one-half mile west of Burdick. It is formed by the intersection of what is known as Burdick road, a north-south black topped county road, and an…