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FRAZEE v. ST. LOUIS-SAN FRANCISCO RLY. CO.

No. 47,964

219 Kan. 661 (1976)

549 P.2d 561

DAVID FRAZEE, INDIVIDUALLY AND AS FATHER AND NEXT FRIEND OF RANDAL FRAZEE, A MINOR, Appellant, v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, A CORPORATION, Appellee.

Supreme Court of Kansas.

Opinion filed May 8, 1976.

Attorney(s) appearing for the Case

John C. Frank, of Wichita, argued the cause, and Raymond W. Baker, of Wichita, was with him on the brief for the appellant.

J. Michael Peters, of Gott, Hope, Gott, Young & Saffels, P.A., of Wichita, argued the cause, and Glenn D. Young, Jr., of the same firm, was with him on the brief for the appellee.

M. Ralph Baehr, of Wichita, was on the brief amicus curiae, for The Kansas Trial Lawyers Association.

The opinion of the court was delivered by

SCHROEDER, J.:

This is a damage action wherein David Frazee (plaintiff-appellant) seeks to recover for injuries sustained by his minor son, Randal Frazee, when Randal attempted to board a moving freight car on the railroad tracks of the St. Louis-San Francisco Railway Company (defendant-appellee). Upon stipulated facts the trial court found Randal to be a trespasser and sustained the defendant's motion for summary...

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