Bartlett v. Davis Corporation

The opinion of the court was delivered by

Kaul, J.:

This is an action for indemnity arising from a judgment for damages for the wrongful death of plaintiffs’ decedents, two young boys who drowned in a sand and gravel pit owned by appellant Davis Corporation (hereafter referred to as Davis) and operated by Marinus Heersche, d/b/a Wichita Big River Sand Company (hereafter referred to as Heersche). The wrongful death judgment against Davis and Heersche was affirmed by this court in Bartlett v. Heersche, 204 Kan. 392, 462 P. 2d 763, which will be referred to as the Battlett case. Encompassed in the…