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CLAIR v. CITY OF KANSAS CITY

No. 40,255

180 Kan. 409 (1956)

304 P.2d 468

BETTY LOU CLAIR, Appellee and Cross-Appellant v. THE CITY OF KANSAS CITY, KANSAS, a Municipal Corporation, Cross-Appellee, and J.B. RICH, BERNARD BUCHHOLZ, ROBERT S. LEVY, PHILIP PEKOW and RUTH PEKOW, Trustees of the LEVY-BROOKSIDE TRUST, R. LEVY and RUTH LEVY, Trustees of the ROBERT S. LEVY and RUTH LEVY TRUST, CELIA PEKOW, Trustee of EUGENE PEKOW TRUST and SANDRA PEKOW TRUST, Co-Partners Doing Business Under the Firm Name and Style of HURON BUILDING, Appellants.

Supreme Court of Kansas.

Opinion filed December 8, 1956.

Attorney(s) appearing for the Case

Willard L. Phillips, of Kansas City, argued the cause, and Thomas M. VanCleave, Jr., of Kansas City, and Tom J. Stubbs, and Robert S. McKenzie, of Kansas City, Missouri, were all with him on the briefs for the appellants.

John E. Shamberg, of Kansas City, argued the cause, and Joseph Cohen, Charles S. Schnider, Thomas E. Joyce, Joseph P. Jenkins and Albert M. Ross, all of Kansas City, were with him on the briefs for appellee Betty Lou Clair.

C.W. Brenneisen, Jr., Joseph T. Carey, Francis J. Donnelly, and George W. Haley, all of Kansas City, were on the brief for the appellee City.

The opinion of the court was delivered by

PARKER, J.:

This is an action to recover damages for personal injuries sustained by reason of a fall on an alleged defective sidewalk in the City of Kansas City, Kansas. Throughout the opinion the parties will be referred to as follows: Betty Lou Clair, the plaintiff and appellee, as plaintiff; the defendants, now the appellants, J.B. Rich, et al., doing business as the Huron Building, as owners; and the defendant...

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