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DUCKERS v. LYNCH

No. 45,541

204 Kan. 649 (1970)

465 P.2d 945

H. DUCKERS, Appellee, v. T. LYNCH, Appellant.

Supreme Court of Kansas.

Opinion filed March 7, 1970.

Attorney(s) appearing for the Case

Leonard O. Thomas, of Kansas City, argued the cause, and Lee E. Weeks, of Kansas City, was with him on the brief for the appellant.

J.W. Mahoney, of Kansas City, argued the cause, and David W. Carson, of Kansas City, was with him on the brief for the appellee.

The opinion of the court was delivered by

O'CONNOR, J.:

Thomas Lynch (defendant) has appealed from a $12,500 judgment entered on a jury verdict in favor of Harry Duckers (plaintiff) for personal injuries Duckers sustained as the result of a fall on November 16, 1964, while a social guest in Lynch's home.

Although several points are raised, the pivotal question which disposes of the appeal is whether the trial court erred in failing to sustain defendant...

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