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Culwell v. Abbott Construction Company

506 P.2d 1191 (1973)

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Culwell v. Abbott Construction Company

Kansas Supreme Court

506 P.2d 1191 (1973)

Facts

Dick Culwell (plaintiff) tripped and fell on a nylon string (chalk line) that the Abbott Construction Company (Abbott) (defendant) had placed on a sidewalk leading to the Phillips County Hospital where Culwell was headed. The hospital had hired Abbott to do some construction work on the hospital, and the chalk line was used to mark the boundaries of the excavation work Abbott was to perform. Culwell sued Abbott on the theory that Abbott’s chalk line constituted a nuisance that obstructed a public highway and materially interfered with the sidewalk’s use. The trial judge refused to instruct the jury on Culwell’s nuisance theory. Culwell appealed.

Rule of Law

Issue

Holding and Reasoning (Prager, J.)

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