Cherry Ex Rel. Cherry v. Board of County Commissioners

The opinion of the court was delivered by

Harman, C.:

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The pleadings in the case were largely superseded as a result of action taken at pretrial conference.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…