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FAIRBROTHER v. WILEY'S, INC.

No. 41,033

183 Kan. 579 (1958)

331 P.2d 330

NELVA FAIRBROTHER, Appellee, v. WILEY'S, INC., Appellant.

Supreme Court of Kansas.

Opinion filed November 8, 1958.

Attorney(s) appearing for the Case

John F. Hayes, of Hutchinson, argued the cause, and Donald C. Martindell, William D.P. Carey, Wesley E. Brown, Edwin B. Brabets, Robert J. Gilliland, C. William Miller, Robert C. Martindell and Elwin F. Cabbage, all of Hutchinson, were with him on the briefs for appellant.

Abraham Weinlood, of Hutchinson, argued the cause, and Bill R. Cole, Kenneth F. Ehling, D. Stewart Oswalt and John H. Shaffer, all of Hutchinson, were with him on the briefs for appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is a damage action brought for personal injuries resulting to the appellee (plaintiff) when plate glass windows from the front of appellant's department store fell to the sidewalk and broke during a gusty wind.

The primary question presented is whether an intervening force, high and gusty wind, precludes plaintiff from recovering on the ground of...

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