Thomas, Administrator v. Kansas Power & Light Co.

The opinion of the court was delivered by

Parker, C. J.:

This was an action by the duly appointed statutory (G. S. 1949, 59-705 and 59-2232) representative of the estate of a deceased intestate to recover damages under the wrongful death statute. Plaintiff recovered and the defendant appeals.

The facts giving rise to the accident are not in dispute and can be stated thus:

On May 24, 1955, James R. Thomas, who with his wife and four minor children resided on a farm three and one-half miles north of Oskaloosa on Highway 59, purchased a television set from Lee M. Fraker of Winchester, who was…