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eBook details

• Title: Wyckoff v. Bennett
• Author : Supreme Court of Kansas
• Release Date : January 06, 1963
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

The opinion of the court was delivered by This was an action for damages which plaintiff alleged she
sustained as the result of a fall at an ice skating rink on
February 1, 1959. The jury returned a verdict in favor of the
plaintiff, and the defendant has appealed. The action was commenced against George Bennett, "an individual
doing business as Lakeside Enterprises" on January 19, 1961,
thirteen days before the statute of limitations had run. (G.S.
1949, 60-306, Third.) Service was obtained upon the individual
defendant on January 21, 1961, and on February 17, 1961, some
seventeen days after the statute of limitations had run and
within the time for a responsive pleading, the defendant filed a
motion for additional time to plead, which was granted by the
court. Thereafter, the defendant filed a motion to make definite
and certain which was sustained in part and the plaintiff filed
an amended petition. The defendant filed a demurrer which was
overruled, and on June 7, he filed his answer in which he
admitted his residence, but denied each and every other
allegation including his operation of Lakeside Enterprises as an
individual. He further alleged that if plaintiff sustained any
injury, such injury was caused by her negligence. On the
following day, June 8, 1961, plaintiff filed her reply to
defendant's answer thus forming the issues for trial.

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