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CAYWOOD v. BOARD OF COUNTY COMMISSIONERS

No. 43,923

194 Kan. 419 (1965)

399 P.2d 561

RICHARD D. CAYWOOD, a Minor, by His Natural Guardian and Next Friend, JUANITA M. CAYWOOD, Appellant, v. THE BOARD OF COUNTY COMMISSIONERS OF SEDGWICK COUNTY, KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed March 6, 1965.

Attorney(s) appearing for the Case

Donald R. Newkirk, of Wichita, argued the cause, and Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, Robert T. Cornwell, Willard B. Thompson, David W. Buxton, all of Wichita, were with him on the brief for the appellant. Hugo T. Wedell and Homer V. Gooing, of Wichita, of counsel.

John Brimer, Assistant County Counselor, argued the cause, and George D. McCarthy, County Counselor, and David G. Arst, of Wichita, were with him on the brief for the appellee.

The opinion of the court was delivered by

PRICE, J.:

The question in this case is whether defendant county is immune from liability for its alleged negligence in the operation of a recreational area owned and maintained by it.

Summarized quite briefly, the petition, in its first cause of action, alleged the following:

For some years, pursuant to statutory authority, the county owned, maintained and operated the Lake Afton recreational area...

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