FOWLER v. CITY OF WINFIELD, KANSAS

No. 6369.

286 F.2d 385 (1960)

Elsie I. FOWLER, Appellant, v. CITY OF WINFIELD, KANSAS, Appellee.

United States Court of Appeals Tenth Circuit.

November 23, 1960.


Attorney(s) appearing for the Case

George Forbes, Eureka, Kan. (Robert B. Morton and Phillip Mellor, Wichita, Kan., on the brief), for appellant.

Walter A. Steele, of White & Steele, Denver, Colo. (Lawrence Christenson, Winfield, Kan., on the brief), for appellee.

Before MURRAH, Chief Judge, and BRATTON and PICKETT, Circuit Judges.


PICKETT, Circuit Judge.

The plaintiff, a 19 year old married woman, was injured while riding a rotating swing in a municipal park in Winfield, Kansas. From the pleadings, depositions and record of pre-trial proceedings, the trial court concluded that there was no genuine issue of fact on the question of whether the swing was in such a dangerous condition as to constitute a nuisance for which the city would be liable for injuries, and sustained the city's motion for...

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