Krol v. Coryell

The opinion of the court was delivered by

Parker, J.:

This is an action for damages brought in the name *199of the widow of a deceased workman, for his wrongful death, alleged to have been caused by the negligence of a tortfeasor.

The facts responsible for the controversy can be stated briefly: On September 29, 1942, Darryl J. Peterson, an employee of the Elliott Fruit and Grocery Company, whose workmen’s compensation insurance was carried by the New Amsterdam Casualty Company, hereinafter called the casualty company, was killed in an accident on U. S. Highway 81 south of Salina as a result of being…