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BRITTAIN v. CUBBON

No. 42,626

190 Kan. 641 (1963)

378 P.2d 141

MICHAEL J. BRITTAIN, a minor, by and through DONALD J. BRITTAIN and ANNETTE M. BRITTAIN, father and mother, natural guardians, and next friends of said minor, Appellee, v. GEORGE T. CUBBON, Appellant.

Supreme Court of Kansas.

Opinion filed January 26, 1963.

Attorney(s) appearing for the Case

Gerald L. Michaud and Russell Cranmer, both of Wichita, were on the brief for the appellant.

John Madden and John Madden, III, both of Wichita, were on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is a negligence action based upon the doctrine of attractive nuisance. It is brought on behalf of a ten-year-old child to recover for injuries received on the defendant's premises when the child stepped on a nail and was allegedly injured. The trial court overruled a demurrer to the amended petition, and appeal has been duly perfected from such ruling....

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