Mathes v. Robinson

The opinion of the court was delivered by

Fatzer, J.:

This was an action to recover damages for the wrongful death of the plaintiff’s mother, Mrs. Harriet Phillips. (K. S. A. 60-1901.) As the appeal is presented, the sole question for our determination is whether the plaintiff’s evidence was sufficient to warrant submission of the case to the jury on the theory the defendant was guilty of such reckless conduct as to evince disregard or indifference to consequences, under circumstances involving danger to life or safety of others, although no harm was intended, which may be justly characterized…