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GERCHBERG v. LONEY

No. 48,241

223 Kan. 446 (1978)

576 P.2d 593

ROLF GERCHBERG, by His Father and Next Friend, Ralph Gerchberg, Appellant, v. RODNEY LONEY, a Minor, ROY LONEY, MRS. ROY LONEY, and CHARLES LONEY, Appellees.

Supreme Court of Kansas.

Opinion filed February 25, 1978.

Attorney(s) appearing for the Case

John W. Lungstrum, of Stevens, Brand & Lungstrum, of Lawrence, argued the cause and was on the brief for the appellant.

J.H. Eschmann, of Ascough, Bausch & Eschmann, of Topeka, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

FROMME, J.:

Rolf Gerchberg, a five-year-old boy, received burn injuries while playing on the premises of the neighbors, Mr. and Mrs. Roy Loney. At the close of plaintiff's evidence the district court directed a verdict in favor of defendants. The Court of Appeals reversed the judgment and remanded the case for trial on the theory of attractive nuisance. See Gerchberg v. Loney, 1 Kan.App...

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