Legal Opinion

Colwell v. Parker

Supreme Court of Kansas

Decided December 11, 1909No. 16,153PublishedCited by 8 opinions

Appeal from Dickinson district court; Oscar L. Moore, judge. STATEMENT. C. W. Parker is a manufacturer of tents, platforms, show fronts and other paraphernalia used in street fairs and carnivals. His place of business is at Abilene. He manufactured and leased to Raver & Darnaby a moving picture show for exhibition in a tent, entrance to which was by ascending steps to a platform, thence through a passage, and by descending steps about four feet to the ground inside the tent.

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Appeal from Dickinson district court; Oscar L. Moore, judge. STATEMENT. C. W. Parker is a manufacturer of tents, platforms, show fronts and other paraphernalia used in street fairs and carnivals. His place of business is at Abilene. He manufactured and leased to Raver & Darnaby a moving picture show for exhibition in a tent, entrance to which was by ascending steps to a platform, thence through a passage, and by descending steps about four feet to the ground inside the tent. Raver & Darnaby were holding a carnival at Oskaloosa, Iowa. The appellant entered the tent from the platform, and, in…

1Opinion of the Court

The opinion of the court was delivered by

Porter, J.:

On the findings there was nothing left for the court but to render judgment for the appellee. The situation presented was not,’ as the appellant contends, one where the special findings are merely susceptible of an interpretation which would overthrow the general verdict, but no' other reasonable interpretation can be given to them. The finding that the appellant’s injury was the direct result of the failure of Raver & Darnaby’s employees to prevent her from entering the theater while the lights were turned off re*299quired judgment to be…

2Cases cited5 opinions

  1. Missouri Pacific Railway Co. v. ColumbiaSupreme Court of Kansas · 1902
  2. D. Cleghorn v. ThompsonSupreme Court of Kansas · 1901
  3. Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
  4. Home Oil & Gas Co. v. DabneySupreme Court of Kansas · 1909
  5. Union Pacific Railway Co. v. HutchinsonSupreme Court of Kansas · 1888

3Cited by8 opinions

  1. Luengene v. Consumers Light, Heat & Power Co.Supreme Court of Kansas · 1912
  2. Spear v. United RailroadsCalifornia Court of Appeal · 1911
  3. Eberhardt v. Glasgow Mutual Telephone Ass'nSupreme Court of Kansas · 1914
  4. Jones v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1938
  5. Beldon v. HooperSupreme Court of Kansas · 1924

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