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CHERRY v. BOARD OF COUNTY COMMISSIONERS

No. 45,154

202 Kan. 121 (1968)

446 P.2d 734

MICHAEL CHERRY, a Minor, by and Through His Father, Natural Guardian and Next Friend, Billy Donald Cherry, Appellee, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF CRAWFORD, KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed November 9, 1968.

Attorney(s) appearing for the Case

Wilbert W. Phalen, of Pittsburg, argued the cause and was on the brief for the appellant.

Bradley Post, of Wichita, argued the cause, and J. John Marshall, of Pittsburg, and Gerald L. Michaud, Russell Cranmer, Orval L. Fisher, M. William Syrios, and Kenneth L. Ingham, all of Wichita, were with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This is an action for personal injury based on maintenance of a nuisance upon land owned by the board of county commissioners of Crawford county, Kansas. In separate jury trials issues of liability and damages were determined favorably to plaintiff, who was four years of age at the time of his injury.

The pleadings in the case were largely superseded as a result of action taken at pretrial conference...

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