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NAVE v. HIXENBAUGH

No. 40,236

180 Kan. 370 (1956)

304 P.2d 482

BETTY NAVE, Appellee, v. DEAN HIXENBAUGH, also known as G.E. HIXENBAUGH, Appellant.

Supreme Court of Kansas.

Opinion filed December 8, 1956.

Attorney(s) appearing for the Case

Wm. P. Thompson, and H.E. Jones, both of Wichita, argued the cause, and A.W. Hershberger, J.B. Patterson, Richard Jones, Jerome E. Jones, and William E. Palmer, all of Wichita, were with them on the briefs for the appellant.

Arthur C. Hodgson, of Lyons, and George B. Powers, of Wichita, argued the cause, and Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris, and Gerald Sawatzky, all of Wichita, were with them on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This was an action for damages for personal injuries sustained by plaintiff when her skirt ignited while she was standing in front of a gas stove in a filling station operated by defendant.

Defendant operated a gasoline service station in Lyons and, as a part of the maintenance and operation of the station, he furnished for the benefit and convenience of his customers, their families and guests,...

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