LEVY v. KIMBALL

No. 4669.

50 Haw. 497 (1968)

443 P.2d 142

ESTHER LEVY v. GEORGE P. KIMBALL, Trustee of the Estate of Clifford Kimball, Deceased, dba, THE HALEKULANI HOTEL, et al.

Supreme Court of Hawaii.

June 27, 1968.


Attorney(s) appearing for the Case

Stuart M. Cowan (Greenstein, Cowan & Carlsmith of counsel) for plaintiff-appellant.

Roy M. Miyamoto, Deputy Attorney General, (Bert T. Kobayashi, Attorney General, with him on the brief) for defendant-appellee.

RICHARDSON, C.J., MIZUHA, MARUMOTO, ABE, JJ. AND CIRCUIT JUDGE DOI FOR LEVINSON, J. DISQUALIFIED.


OPINION OF THE COURT BY RICHARDSON, C.J.

On the afternoon of March 10, 1962, the plaintiff, Mrs. Esther Levy, age 65, a tourist from the mainland, was walking along the beach returning to her room at the Princess Kaiulani Hotel after attending a picnic at the Hawaiian Village Hotel. In front of the Bertha Young property, the only route along the beach open to her was to travel along the top surface of a seawall. While walking...

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