DUNN v. KANSAS GAS AND ELECTRIC COMPANY

No. 5183.

227 F.2d 939 (1955)

Betty Jo Ward DUNN, Appellant, v. KANSAS GAS AND ELECTRIC COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 12, 1955.


Attorney(s) appearing for the Case

Fred J. Freel and Robert L. Robertson, Kansas City, Mo. (Roy Angle, Wichita, Kan., was with them on the brief), for appellant.

Stanley Garrity, Kansas City, Mo. (Caldwell, Downing, Garrity & Eastin, Kansas City, Mo., and Hershberger, Patterson, Jones & Thompson, Wichita, Kan., were with him on the brief), for appellee.

Before BRATTON, HUXMAN, and MURRAH, Circuit Judges.


BRATTON, Circuit Judge.

Betty Jo Ward, later Betty Jo Ward Dunn, instituted this action against Kansas Gas & Electric Company to recover damages for personal injuries. The negligence charged in the complaint was that the defendant maintained in the sidewalk in Wichita, Kansas, a certain manhole cover which had become smooth through wear; and that when wet such manhole cover was so slick that it could injure anyone stepping upon it. The defendant denied negligence...

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