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SMITH v. SALTS

No. 38,086

170 Kan. 313 (1950)

224 P.2d 1025

LOWELL SMITH, a minor, by Axia A. Smith, his mother and next friend, Appellee, v. VIRGIL E. SALTS, Appellant.

Supreme Court of Kansas.

Opinion filed December 9, 1950.

Attorney(s) appearing for the Case

Hal E. Harlan, of Manhattan, argued the cause, and A.M. Johnston, of Manhattan, and H.E. Crosswhite, of Holton, were with him on the briefs for the appellant.

David Prager, of Topeka, argued the cause, and Edward Rooney and Jacob A. Dickinson, both of Topeka, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WEDELL, J.:

This is an appeal by the defendant in a damage action.

The sole contention of the defendant is the trial court should have sustained his demurrer to plaintiff's evidence on the ground the evidence disclosed plaintiff was guilty of contributory negligence as a matter of law.

It is elementary that on demurrer only evidence favorable to the party adducing it and favorable inferences to be drawn...

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