SMITH v. CITY OF EMPORIA

No. 37,884

169 Kan. 359 (1950)

219 P.2d 451

ANNA SMITH, Appellant, v. THE CITY OF EMPORIA, a municipal corporation, Lyon County, Kansas, Appellee.

Supreme Court of Kansas.

Opinion filed June 10, 1950.


Attorney(s) appearing for the Case

Patrick J. Warnick, of Wichita, argued the cause, and Alan B. Phares, of Wichita, and Frank F. Eckdall, of Emporia, were with him on the briefs for the appellant.

James W. Putnam, of Emporia, argued the cause, and Richard Mankin, of Emporia, was with him on the briefs for the appellee.


The opinion of the court was delivered by

SMITH, J.:

This was an action for damages alleged to have been sustained when plaintiff slipped and fell into a drain on the edge of a city street. Defendant's demurrer to plaintiff's petition was sustained. Plaintiff has appealed.

The petition alleged plaintiff made claims for damages pursuant to G.S. 1935, 12-105, and also pursuant to G.S. 1935, 14-441; that on a...

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