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LEVY v. KIMBALL

No. 4669.

443 P.2d 142 (1968)

Esther LEVY, Plaintiff-Appellant, v. George P. KIMBALL, Trustee of the Estate of Clifford Kimball, Deceased dba the Halekulani Hotel; Edwin P. Murray, Frank E. Midkiff, Atherton Richards, Richard Lyman, Jr. and Herbert K. Keppeler, Trustees of the Estate of Bernice P. Bishop, Deceased; Halekulani, Inc., a Washington corporation; Sheraton Hawaii Corporation, a Delaware corporation; City and County of Honolulu and State of Hawaii.

Supreme Court of Hawaii.

June 27, 1968.

Attorney(s) appearing for the Case

Stuart M. Cowan, Greenstein, Cowan & Carlsmith, Honolulu, for plaintiff-appellant.

Roy M. Miyamoto, Deputy Atty. Gen., Honolulu (Bert T. Kobayashi, Atty. Gen., with him on the briefs), for defendants-respondents.

Before RICHARDSON, C.J., MIZUHA, MARUMOTO and ABE, JJ., and DOI, Circuit Judge, for LEVINSON, J., disqualified.

RICHARDSON, Chief Justice.

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 on the seawall, the plaintiff tripped and fell off about...

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