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BEALS v. HECKENDORN MANUFACTURING CO., INC.

No. 46,857

212 Kan. 407 (1973)

510 P.2d 1326

WILLIS BEALS, Appellant, v. HECKENDORN MANUFACTURING CO., INC., a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed June 9, 1973.

Attorney(s) appearing for the Case

George V. Allen, of Lawrence, and Harold E. Doherty, of Topeka, argued the cause, and Darrell E. Miller and Mortimer A. Berlin, of Topeka, were with them on the brief for the appellant.

Dan H. Myers, of Fick and Myers, of Manhattan, argued the cause, and was on the brief for the appellee.

MEMORANDUM OPINION

TRIAL — Bona Fide Issue of Fact — Summary Judgment Prematurely Granted.

Per Curiam:

The plaintiff-appellant was injured when he was forced, as he says, to jump from a riding lawnmower which ran downhill without braking means. The appellee is the manufacturer, charged with negligence and breach of implied warranty.

The pretrial record consisted of the pleadings, answers to interrogatories, stipulations...

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