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RALLS v. CALIENDO

No. 44,597

198 Kan. 84 (1967)

422 P.2d 862

CARRIE D. RALLS, Appellant, v. DAN CALIENDO, et ux., Appellees.

Supreme Court of Kansas.

Opinion filed January 21, 1967.

Attorney(s) appearing for the Case

Patrick F. Kelly, of Wichita, argued the cause, and John C. Frank, of Wichita, was with him on the briefs for appellant.

Roger M. Sherwood, of Wichita, argued the cause, and W.A. Kahrs, Robert H. Nelson, H.W. Fanning, Richard C. Hite, Darrell D. Kellogg and Richard L. Honeyman, of Wichita, were with him on the briefs for appellees.

The opinion of the court was delivered by

FATZER, J.:

This was an action to recover damages for personal injuries sustained by the plaintiff-appellant, Mrs. Carrie D. Ralls, as a result of a slip and fall sustained in the home of the defendant-appellees, Dan and Mabert Caliendo.

The case was tried to a jury and at the close of the plaintiff's evidence, the defendants moved to dismiss the action, or in the alternative, for a directed verdict. After...

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