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ELLIOTT v. CHICAGO, ROCK ISLAND & PAC. RLD. CO.

No. 45,476

203 Kan. 273 (1969)

454 P.2d 124

TREVA ELLIOTT, Appellee, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed April 28, 1969.

Attorney(s) appearing for the Case

Clayton M. Davis, of Topeka, argued the cause, and Harry W. Colmery, Mark L. Bennett, Wilbur G. Leonard, Robert A. McClure, Jerry W. Hannah, Frank C. Sabatini, Gerald J. Letourneau, John E. Wilkinson, Mark L. Bennett, Jr. and John E. Davis, all of Topeka, were with him on the brief for the appellant.

Albert L. Kamas, of Wichita, argued the cause, and Richard A. Render, also of Wichita, and Jack O. Bowker, of McPherson, were with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is a damage action for personal injuries claimed by the plaintiff to have been sustained when alighting from the defendant's standing passenger train at its Hutchinson, Kansas, station. The first trial in June, 1967, resulted in a hung jury. The second trial in October, 1967, resulted in a jury verdict for the plaintiff in the sum of $61,000, upon which...

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