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ROACH v. HENRY C. BECK CO.

No. 45,090

201 Kan. 558 (1968)

442 P.2d 21

RUBY R. ROACH, Appellant, v. HENRY C. BECK COMPANY, a Delaware Corporation, and THE CITY OF WICHITA, KANSAS, Appellees.

Supreme Court of Kansas.

Opinion filed June 8, 1968.

Attorney(s) appearing for the Case

George D. McCarthy, of Wichita, argued the cause and was on the briefs for the appellant.

H.E. Jones, of Wichita, argued the cause, and A.W. Hershberger, Richard Jones, Jerome E. Jones, Robert J. Roth, William R. Smith, Robert J. O'Connor, and Greer Gsell, all of Wichita, were with him on the brief for appellee Henry C. Beck Company.

No appearance for appellee City of Wichita.

The opinion of the court was delivered by

KAUL, J.:

The narrow question presented in this appeal is whether a plywood board, approximately three feet square and three-fourths of an inch thick, covering a hole in a downtown City of Wichita sidewalk amounts to such a defect as to be actionable as a matter of law. After pretrial proceedings were completed the trial court sustained motions by each defendant for summary judgment on the ground the defect was not...

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