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eBook details

• Title: Smith v. Wichita Transportation Corp.
• Author : Supreme Court of Kansas
• Release Date : January 28, 1956
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

The opinion of the court was delivered by These cases originated in the district court of Sedgwick
County. Case No. 39,650 was commenced by Rosa Smith against the
Wichita Transportation Corporation, a public carrier, to recover
damages sustained by her as a result of being run over by one of
the carrier's motor busses while attempting to board such vehicle
at a regular bus loading zone located on the south side of
Kellogg and east of Hydraulic streets in the city of Wichita.
Plaintiff prevailed and the defendant appeals. Case No. 40,067,
although stemming from Case No. 39,650, was an independent action
for a new trial, brought by the carrier against Rosa Smith under
the provisions of G.S. 1949, 60-3005 and 60-3007 to 3016, Incl.
The relief sought was denied and the plaintiff appeals. When the appeals reached this court they were docketed under
separate numbers. Thereafter, on joint application of the
parties, they were consolidated by order of this court for
purposes of argument and decision. In view of the nature of the
issues involved we think that action was ill-advised. However, it
cannot now be rescinded and we must make the best of it. For that
reason, each case will be considered separately although both
will be disposed of in this opinion. Therefore, until otherwise
indicated, what will be stated has reference to Case No. 39,650.

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