Rauscher v. St. Benedict's College

The opinion of the court was delivered by

Foth, C.:

This is a personal injury action in which the jury returned a verdict for the defendant. The plaintiff has appealed alleging a denial of a fair trial because of alleged errors in the selection of the jury and improper venue.

Plaintiff, a student at St. Benedict’s College, Atchison, Kansas, on April 28,1968, fell three stories down an open elevater shaft located in a building owned by the college. An operation on his foot had temporarily disabled plaintiff, and he had been given a key to and permission to use this elevator by school authorities.…