[DOWNLOAD] "Wiehe v. Kukal" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: Wiehe v. Kukal
- Author : Supreme Court of Kansas
- Release Date : January 31, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The opinion of the court was delivered by The issue presented in this appeal is whether a wife can recover damages for severe emotional distress which she sustained as a result of hearing and seeing a third person verbally abuse and physically assault her husband. Joann Kukal received judgment for $10,000 against Sherman L. Wiehe in Wyandotte District Court, based upon her claim that she suffered emotional distress following a fence line dispute between her husband and Mr. Wiehe. This appeal is from that judgment. Concisely stated, the facts as disclosed in the trial of this action, when viewed in the light most favorable to appellees, are these: The plaintiffs-appellants, Mr. and Mrs. Sherman Wiehe, own a tract of land in Wyandotte County which abuts an abandoned railroad right-of-way. Across the right-of-way and also abutting on it are properties owned by the defendants-appellees, Mr. and Mrs. Roy Kukal and Chester Hattley. In September, 1973, Mr. Wiehe agreed in writing to level the right-of-way and to remove and replace the existing fence, all at no cost to the other landowners. The fence was removed and the leveling was completed in the fall of 1973. Mr. Wiehe did not replace the fence promptly, so on December 1, 1973, Mr. Kukal and Mr. Hattley started to do so.