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McCOLLISTER v. CITY OF WICHITA

No. 40,245

180 Kan. 401 (1956)

304 P.2d 543

NEVA McCOLLISTER, Appellee, v. CITY OF WICHITA, Appellant.

Supreme Court of Kansas.

Opinion filed December 8, 1956.

Attorney(s) appearing for the Case

Robert C. Helsel, of Wichita, argued the cause, and Fred W. Aley, of Wichita, was with him on the briefs for the appellant.

A. Wayne Murphy, of Wichita, argued the cause, and Payne H. Ratner, Louise Mattox, Payne H. Ratner, Jr., Russell Cranmer, Dale B. Stinson, Jr., Cliff W. Ratner, William L. Fry, Bernard V. Borst, and D. Clifford Allison, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal from an order of the trial court overruling a demurrer by the appellant city to the amended petition of the appellee in an action to recover damages for injuries sustained by her when she stepped off a sidewalk and curbing into a defect in the gutter adjacent to the curbing.

A motion to make portions of the original petition definite and...

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