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BISHOP v. BOARD OF COUNTY COMMISSIONERS

No. 42,040

188 Kan. 603 (1961)

364 P.2d 65

CHARLES C. BISHOP, Appellant, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF BUTLER, Appellee.

Supreme Court of Kansas.

Opinion filed August 1, 1961.

Attorney(s) appearing for the Case

Calvin L. McMillan, of Wichita, argued the cause, and Robert W. Kaplan, of Wichita, was with him on the briefs for the appellant.

Warren Ralston, County Attorney, argued the cause, and Ervin E. Grant, Assistant County Attorney, was with him on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, C.J.:

Plaintiff, Charles C. Bishop, brought this action against the defendant, The Board of County Commissioners of Butler County, Kansas, to recover damages sustained to his person and property on account of an alleged defect in a county highway. The district court sustained a demurrer to plaintiff's evidence, dismissed the action at his cost and overruled his motion for a new trial. This appeal followed....

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