Brock v. Peabody Cooperative Equity Exchange

The opinion of the court was delivered by

Schroeder, J.;

This is a wrongful death action filed January 9, 1959, by a father for the death of his eleven-year-old son on November 25, 1958. The case has previously been before this court on appeal in Shank v. Peabody Cooperative Equity Exchange, 186 Kan. 648, 352 P. 2d 41, testing the sufficiency of the amended petition to state a cause of action. (See, also, Brock, Administrator v. Peabody Cooperative Equity Exchange, 186 Kan. 657, 352 P. 2d 37.)

After issues had been joined by the pleadings upon return of the case, the trial court overruled a…