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EMOND v. CITY OF WICHITA

No. 41,550

185 Kan. 720 (1959)

347 P.2d 256

LOIS J. EMOND, Appellee, v. THE CITY OF WICHITA, a Municipal Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed December 12, 1959.

Attorney(s) appearing for the Case

Thomas A. Wood, of Wichita, argued the cause, and Fred W. Aley and Charles A. Sparks, Jr., both of Wichita, were with him on the briefs for the appellant.

C.H. Morris, of Wichita, argued the cause, and Robert F. Bailey and Norris D. Walter, both of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This appeal is from a judgment of the trial court based on a jury's verdict against the defendant city and in favor of plaintiff awarding damages for personal injuries.

The plaintiff has moved to dismiss this appeal because the city failed to file a transcript in the office of the clerk of the district court, as required by G.S. 1949, 60-3311. However, plaintiff filed a counter abstract in which reference...

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