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RAMIREZ v. TRAIL RIDGE APARTMENTS, INC.

No. 46,532

211 Kan. 112 (1973)

505 P.2d 757

VINCENT SCOTT RAMIREZ, by FRED P. RAMIREZ, Father and Next Friend, Appellant, v. TRAIL RIDGE APARTMENTS, INC., a Corporation, Appellee, v. CHARLES L. FAIRCHILD, d/b/a CHARLES L. FAIRCHILD HAULING, Appellee.

Supreme Court of Kansas.

Opinion filed January 20, 1973.

Attorney(s) appearing for the Case

John Berglund, of Clay Center, argued the cause, and William L. Rees, of Topeka, was with him on the brief for the appellant.

Charles S. Fisher, Jr., of Fisher and Benfer, Chartered, of Topeka, argued the cause, and Robert D. Ochs, of the same firm, was with him on the brief for the appellee, Trail Ridge Apartments, Inc.

Harold E. Doherty, of Topeka, argued the cause and was on the brief for the appellee, Charles L. Fairchild, d/b/a Charles L. Fairchild Hauling.

The opinion of the court was delivered by

FOTH, C.:

On October 4, 1966, five year old Vincent Scott Ramirez was severely injured while playing in the back yard of the apartment complex in Topeka where he lived. The culpable instrument was a trash and garbage hopper of the commercial variety, having a capacity of one cubic yard. It was constructed of steel, was mounted on four wheels, and weighed about 305 pounds, empty.

This hopper, with another just...

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