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NOEL v. MENNINGER FOUNDATION

No. 39,185

175 Kan. 751 (1954)

267 P.2d 934

WILLIAM B. NOEL, by his wife and next friend, MRS. W.B. NOEL, Appellant, v. THE MENNINGER FOUNDATION, a corporation, Appellee.

Supreme Court of Kansas.

Opinion filed March 6, 1954.

Attorney(s) appearing for the Case

T.M. Lillard, of Topeka, argued the cause, and O.B. Eidson, Philip H. Lewis, James W. Porter, and Charles S. Fisher, Jr., all of Topeka, were with him on the briefs for the appellant.

Ralph W. Oman, of Topeka, argued the cause, and James A. McClure, Robert L. Webb, Philip E. Buzick, Robert A. McClure, and James D. Waugh, all of Topeka, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This is an appeal from an order of the trial court sustaining a demurrer of the defendant, The Menninger Foundation (appellee), to the amended petition of plaintiff, William B. Noel (appellant), in a suit brought to recover damages for personal injuries alleged to have been caused by the defendant's negligence.

The plaintiff, William B. Noel, a man seventy-one years of age and a mental patient of...

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