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THOMAS v. BOARD OF TRUSTEES OF SALEM TOWNSHIP

No. 48,766

224 Kan. 539 (1978)

582 P.2d 271

JAMES L. THOMAS, a Minor, By and Through ELDON L. THOMAS, Parent and Natural Guardian, Appellee, v. BOARD OF TOWNSHIP TRUSTEES OF SALEM TOWNSHIP, SEDGWICK COUNTY, KANSAS, Appellant, BOARD OF COUNTY COMMISSIONERS OF SEDGWICK COUNTY, KANSAS, Appellee, and KANSAS GAS AND ELECTRIC COMPANY, A Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed July 21, 1978.

Attorney(s) appearing for the Case

Don Matlack, of Matlack, Foote, Scott, Joseph, and Wilkinson, of Wichita, argued the cause and was on the brief for the appellant.

Vincent L. Bogart, of Wichita, argued the cause, and Patrick L. Dougherty, of Wichita, was with him on the brief for the appellee, James L. Thomas.

R.K. Hollingsworth, assistant county counselor, argued the cause and was on the brief for the appellee, Board of County Commissioners.

John J. Healzer, of Wichita, argued the cause, and Ralph Foster, of Wichita, was with him on the brief for the appellee, Kansas Gas and Electric Company.

The opinion of the court was delivered by

PRAGER, J.:

This is an action to recover damages for personal injuries sustained in a collision between an automobile and a utility pole after the driver lost control of his car as the result of striking two chuckholes in a township road. The plaintiff, James Thomas, a minor, brought this action through his father and natural guardian, Eldon L. Thomas, against the Board of Township Trustees of Salem Township and the...

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