CAYWOOD v. BOARD OF COUNTY COMMISSIONERS

No. 44,874

200 Kan. 134 (1967)

434 P.2d 780

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

Supreme Court of Kansas.

Opinion filed December 9, 1967.


Attorney(s) appearing for the Case

Robert H. Nelson, of Wichita, argued the cause and John W. Brimer, W.A. Kahrs, H.W. Fanning, Richard C. Hite, Darrell D. Kellogg, Roger Sherwood and Richard L. Honeyman, all of Wichita, were with him on the brief for appellant.

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, John T. Conlee, John Prather, Richard I. Stephenson, Douglas D. Johnson and Hugo T. Wedell, all of Wichita, were with him on the brief for appellee.

Robert C. Londerholm, Attorney General, Richard H. Seaton, Assistant Attorney General, and J. Richard Foth, Assistant Attorney General, were on the brief for the Amicus Curiae.


The opinion of the court was delivered by

FROMME, J.:

These consolidated actions were brought to recover damages for a boy and his mother as a result of personal injuries sustained by the boy when he dived from a dock into shallow water at Lake Afton, a recreational area owned and maintained by Sedgwick county.

The actions were filed September 30, 1963. The defendant filed a motion to strike which was treated...

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