WILBURN v. BOEING AIRPLANE CO.

No. 42,298

188 Kan. 722 (1961)

366 P.2d 246

MARCIA RUTH WILBURN, an Incompetent Person, by ROY F. MONTGOMERY, Her Guardian, Appellee, v. BOEING AIRPLANE COMPANY, a Corporation, and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SEDGWICK, Appellants.

Supreme Court of Kansas.

Opinion filed November 10, 1961.


Attorney(s) appearing for the Case

Robert N. Partridge, of Wichita, argued the cause, and George B. Powers, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, Robert M. Siefkin, Richard C. Harris and Gerald Sawatzky, all of Wichita, were with him on the brief for the appellant, Boeing Airplane Company.

Ralph E. Gilchrist, Carl L. Buck and Bernard V. Borst, all of Wichita, were on the brief for the appellant, The Board of County Commissioners of the County of Sedgwick.

John C. Frank and Theodore M. Utchen, both of Wichita, argued the cause, and Thomas W. Cunningham, Patrick F. Kelly and Fred J. Gasser, all of Wichita, were with them on the brief for the appellee.


The opinion of the court was delivered by

PRICE, J.:

This is a common-law action against Boeing Airplane Company and the board of county commissioners of Sedgwick county to recover for injuries sustained by plaintiff, an employee of Boeing, when she was struck by an automobile being driven by a third party. The accident occurred while plaintiff was crossing a public county street adjacent to Boeing's plant.

The theory of plaintiff's petition is that...

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