WENDLER v. CITY OF GREAT BEND

No. 40,598

181 Kan. 753 (1957)

316 P.2d 265

LEO WENDLER, Appellee, v. THE CITY OF GREAT BEND, KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed September 27, 1957.


Attorney(s) appearing for the Case

William I. Robinson, of Wichita, argued the cause; Barton Carothers, of Great Bend, Mark H. Adams, Charles E. Jones, J. Ashford Manka, Clifford L. Malone and Mark H. Adams II, all of Wichita, were with him on the briefs for appellant.

Leroy Warner, of Wichita, argued the cause; S.R. Blackburn, Tudor W. Hampton, Jerry M. Ward and J.W. Hannah, of Great Bend, were with him on the briefs for appellee.


The opinion of the court was delivered by

SCHROEDER, J.:

The question presented in this appeal is whether the operation of a municipal airport is a governmental function affording the municipality governmental immunity from tort liability in such operations.

This action comes before the court on appeal from a ruling of the lower court striking the defense of governmental immunity from the answer of the defendant, which the defendant contends is a meritorious...

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