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BOGGS v. CITY OF AUGUSTA

No. 40,436

180 Kan. 831 (1957)

308 P.2d 72

NORMAN L. BOGGS, Appellee, v. THE CITY OF AUGUSTA, KANSAS, a Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed March 9, 1957.

Attorney(s) appearing for the Case

Fred R. Vieux, of Augusta, argued the cause and was on the briefs for the appellant.

Allyn M. McGinnis of El Dorado, argued the cause, and Walter F. McGinnis, of El Dorado, was with him on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, C.J.:

This was an action to recover damages for injuries sustained by falling into a drainage ditch and/or flume in a city street. Plaintiff recovered and the defendant appeals.

The pleadings are of no consequence to the issues, hence reference thereto will be limited to allegations of the petition and answer disclosing the respective claims of the parties as to liability.

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