Lechleitner v. Cummings

The opinion of-the court was delivered by

Thiele, J.:

The appeals here considered represent two phases of one action in the trial court. Owing to the nature of the questions presented the following statement is made:

Plaintiff brought an action against defendant Cummings to recover damages for the wrongful death of her husband. A trial was had, a judgment rendered, a new trial granted, and an appeal taken by the defendant Cummings to this court, where the rulings and judgment of the trial court were affirmed. See Lechleitner v. Cummings, 159 Kan. 171, 152 P. 2d 843. Thereafter a second trial was…