Roach v. Henry C. Beck Co.

The opinion of the court was delivered by

Kaul, J.:

The narrow question presented in this appeal is whether a plywood board, approximately three feet square and three-fourths of an inch thick, covering a hole in a downtown City of Wichita sidewalk amounts to such a defect as to be actionable as a matter of law. After pretrial proceedings were completed the trial court sustained motions by each defendant for summary judgment on the ground the defect was not actionable as a matter of law. The plaintiff-appellant has appealed.

Plaintiff in her petition alleges that the maintenance of the sidewalk…