[DOWNLOAD] "Cherry v. Board of County Commissioners" by Supreme Court of Kansas " Book PDF Kindle ePub Free
eBook details
- Title: Cherry v. Board of County Commissioners
- Author : Supreme Court of Kansas
- Release Date : January 09, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The opinion of the court was delivered by This is an action for personal injury based on maintenance of a
nuisance upon land owned by the board of county commissioners of
Crawford county, Kansas. In separate jury trials issues of
liability and damages were determined favorably to plaintiff, who
was four years of age at the time of his injury. The pleadings in the case were largely superseded as a result
of action taken at pretrial conference. There plaintiff elected
to proceed on his action for damages upon the theory of nuisance
in allowing a dangerous and unsafe condition to prevail upon two
lots owned by defendant board in the town of Radley. Plaintiff
withdrew his cause of action upon the basis of negligence or
attractive nuisance as originally pleaded. The defendant raised
the defense of governmental immunity and also denied existence of
a nuisance and that any injury to plaintiff was caused by its
maintenance of a nuisance.