# Green v. Burch

> Supreme Court of Kansas · February 24, 1948 · 164 Kan. 348

URL: https://www.frixlaw.com/law-library/cases/7916753

## Case

- **Full name:** Gladys L. Green, widow, and Kenneth Eugene Green, a minor, by Gladys L. Green, guardian, Appellants Leota Green, Linda Sue Green and Barbara Ann Green, minors, by Leota Green, Guardian v. W. A. Burch, and Bituminous Casualty Corporation, Insurance Carrier
- **Court:** Supreme Court of Kansas
- **Decided:** February 24, 1948
- **Citations:** 164 Kan. 348; 189 P.2d 892; 1948 Kan. LEXIS 412
- **Precedential status:** Published
- **Opinion:** Concurrence by Wedell
- **Judges:** Burch, Wedell
- **Cited by:** 19 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7916753

## How later opinions describe it (automated extraction)

- noting long discarded common-law rule that parents owed no duty of support to child born out-of-wedlock

## Opinion text

Wedell, J.
(concurring specially): The workmen’s compensation *359 act, as we have repeatedly said, is a law unto itself. I, therefore, limit my views accordingly. This case presents the problem of interpreting a part of a statute quoted in the majority opinion. (G. S. 1935, 44-508.)
In my opinion the question is not free from difficulty. I resolve my doubts on the subject in favor of compensation for the child solely on the broad general ground the compensation act was intended to provide compensation for dependents of an injured workman. A legitimate child, unborn at the time of its father’s injury, is a dependent. (Routh v. List & Weatherly Construction Co., 124 Kan. 222 , 257 Pac. 721 , 62 A. L. R. 150.) An illegitimate child, so born, is no less dependent upon its father for support.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7916753. Public record. Not legal advice.
