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SMITH v. MR. D'S, INC.

No. 44,470

197 Kan. 83 (1966)

415 P.2d 251

EVA JANE SMITH, Appellee, v. MR. D's, INC., Appellant.

Supreme Court of Kansas.

Opinion filed June 11, 1966.

Attorney(s) appearing for the Case

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

David S. Carson, of Wichita, argued the cause, and Clarence R. Sowers and John W. Sowers, both of Wichita, were with him on the brief for the appellee.

The opinion of the court was delivered by

O'CONNOR, J.:

This is an action to recover damages for personal injuries alleged to have been sustained by the plaintiff (appellee) when as a customer in the defendant's (appellant's) self-service grocery store she slipped on a piece of lettuce and fell. The jury returned a verdict in favor of plaintiff, and the defendant has appealed from the judgment entered thereon, contending there was no substantial, competent...

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