Smyth v. Adjutant General

The opinion of the court was delivered by

Fatzer, C. J.:

This is an appeal from an order dismissing an action for relief under the provisions of K. S. A. 1971 Supp. 48-261 providing compensation to surviving spouses of members of the Kansas National Guard whose death occurs in the line of duty. The facts are not in dispute.

The plaintiff is the widow of Brigadier General Philip W. Smyth who was assistant adjutant general for the state of Kansas. The deceased general, under orders from the adjutant general of Kansas *716to perform active duty in connection with the governor’s inauguration on January…