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RAUSCHER v. ST. BENEDICT'S COLLEGE

No. 46,705

212 Kan. 20 (1973)

509 P.2d 1137

DAVID RAUSCHER, Appellant, v. ST. BENEDICT'S COLLEGE and EARL G. THIXTON, Appellee.

Supreme Court of Kansas.

Opinion filed May 12, 1973.

Attorney(s) appearing for the Case

Kenneth M. Weinstock, of St. Louis, Missouri, argued the cause, and James F. Koester, of St. Louis, Missouri, and W.P. McCool, of Overland Park, Kansas, were on the brief for the appellant.

Richard P. Senecal, of Duncan and Senecal, Chartered, of Atchison, argued the cause, and Robert F. Duncan, of the same firm, was with him on the brief for the appellee.

The opinion of the court was delivered by

FOTH, C.:

This is a personal injury action in which the jury returned a verdict for the defendant. The plaintiff has appealed alleging a denial of a fair trial because of alleged errors in the selection of the jury and improper venue.

Plaintiff, a student at St. Benedict's College, Atchison, Kansas, on April 28, 1968, fell three stories down an open elevater shaft located in a building owned by the college...

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