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SMITH v. BOARD OF EDUCATION

No. 45,533

204 Kan. 580 (1970)

464 P.2d 571

DELLA SMITH, a/k/a MRS. OLLIE SMITH, Appellant, v. THE BOARD OF EDUCATION OF CANEY SCHOOL DISTRICT No. 34, CHARLES LINGLE, DOYLE O. BURCH, RUSSELL POWELL, MAX DICK, JIM MEYER and DR. ROBERT MOORE, Board Members; RAY McKINNEY, Superintendent and COLE E. WHITE, Appellees.

Supreme Court of Kansas.

Opinion filed January 24, 1970.

Attorney(s) appearing for the Case

Glen Tongier, of Coffeyville, argued the cause, and Paul Lamb, of Coffeyville, was with him on the brief for the appellant.

Clement H. Hall, of Coffeyville, argued the cause, and Roy Kirby, of Coffeyville, was with him on the brief for the appellees.

The opinion of the court was delivered by

HATCHER, C.:

This appeal stems from a controversy over liability for personal injuries sustained by an elderly woman when she fell down unlighted basement steps in a high school building at Caney, Kansas.

The defendant, The Board of Education of Caney School District No. 34, owned and controlled the high school building in the city of Caney. Among the facilities in the school building was a Community Center...

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