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LACKEY v. MEDORA TOWNSHIP

No. 44,071

194 Kan. 794 (1965)

401 P.2d 911

LIZZIE MAY LACKEY, Appellant, v. MEDORA TOWNSHIP of Reno County, Kansas; LITTLE VALLEY TOWNSHIP of McPherson County, Kansas, and SUPERIOR TOWNSHIP of McPherson County, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed May 15, 1965.

Attorney(s) appearing for the Case

Archio T. MacDonald, of McPherson, argued the cause and was on the briefs for the appellant.

Robert W. Wise, of McPherson, argued the cause and was on the briefs for the appellee, Little Valley Township.

Michael E. Chalfant, of Hutchinson, was on the briefs for the appellee, Medora Township.

J.R. Rhoades, of McPherson, was an the briefs for the appellee, Superior Township.

The opinion of the court was delivered by

PARKER, C.J.:

This was an action for damages resulting from injuries due to an alleged defective township road. The appeal is from an order of the district court of Reno County refusing to vacate a judgment of dismissal and permit the filing of an amended petition.

On December 31, 1963, the plaintiff filed her petition, which sets out the facts material to the controversy in that part, which reads:

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