Henderson v. National Mutual Casualty Co.

The opinion of the court was delivered by

Smith, J.:

This was an action for wrongful death caused when an automobile in which plaintiffs’ son was a passenger collided in the nighttime with a spudder, a large piece of machinery, left standing on a highway without lights. The case has been here before, at which time we affirmed a judgment which had overruled defendants’ demurrer to plaintiffs’ petition. (See Henderson v. National Mutual Gas Co., 164 Kan. 109, 187 P. 2d 508.)

At the close of plaintiffs’ evidence defendants’ demurrer was overruled. There was a verdict for the plaintiffs and special…