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CESSNA v. COFFEYVILLE RACING ASSOCIATION

No. 40,142

179 Kan. 766 (1956)

298 P.2d 265

CLARENCE J. CESSNA, Appellee, v. COFFEYVILLE RACING ASSOCIATION, INC., Appellant.

Supreme Court of Kansas.

Opinion filed June 9, 1956.

Attorney(s) appearing for the Case

Roy Kirby, of Coffeyville, argued the cause and Clement H. Hall, of Coffeyville, was with him on the briefs for the appellant.

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

The opinion of the court was delivered by

SMITH, C.J.:

This was an action for damages alleged to have been sustained when a wheel came off a racing automobile and hit plaintiff. Defendant's demurrer to plaintiff's amended petition was overruled. Defendant has appealed.

The petition alleged plaintiff lived in a house on the fairgrounds; that this house and the stables were adjacent to the race track owned by the city and leased to defendant; that the...

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