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ESSMILLER v. SOUTHWESTERN BELL TEL. CO.

No. 47,310

215 Kan. 74 (1974)

524 P.2d 767

ARABELLA ESSMILLER, Appellant, v. SOUTHWESTERN BELL TELEPHONE CO., a Corporation, and MYERS WATER WELL SERVICE, INC., a Corporation, jointly and severally, Appellees.

Supreme Court of Kansas.

Opinion filed June 15, 1974.

Attorney(s) appearing for the Case

Kenneth E. Havner, of Great Bend, argued the cause, and Larry L. Kopke, of Great Bend, was with him on the brief for appellant.

Tom Berscheidt, of Hampton & Ward, of Great Bend, argued the cause and was on the brief for appellees, and Robert P. Keenan and Larry E. Keenan, of Keenan & Keenan, of Great Bend, were with him on the brief for appellee Southwestern Bell Telephone Co., a Corporation. T. Larry Barnes and Phillip McConnell, of counsel, of Topeka, appeared on the brief for Southwestern Bell Telephone Co., a Corporation.

The opinion of the court was delivered by

FATZER, C.J.:

This is an action to recover damages for personal injuries suffered by Arabella Essmiller when she stepped into a trench located on her premises.

In September 1969, Southwestern Bell Telephone Company entered into a contract with Myers Water Well Services, Inc., for the installation of underground telephone cables to various residences within the city...

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