MAST v. CITY OF GALENA

No. 37,783

168 Kan. 628 (1950)

215 P.2d 152

ADDIS M. MAST, Appellee, v. THE CITY OF GALENA, a Municipal Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed February 28, 1950.


Attorney(s) appearing for the Case

Kent E. Yount, city attorney, of Galena, argued the cause, and Oscar M. Yount and Helen E. Yount, both of Galena, of counsel, were with him on the briefs for the appellant.

Don Musser, of Pittsburg, argued the cause, and Sylvan Bruner, Pete Farabi and Morris Matuska, all of Pittsburg, were with him on the briefs for the appellee.


The opinion of the court was delivered by

SMITH, J.:

This was an action for damages for personal injuries. The defendant demurred to the petition because it did not state a cause of action. This demurrer was overruled and defendant has appealed.

The petition alleged that about 7:30 p.m. on the 19th day of October, 1942, plaintiff walked east from the east curb of a street in Galena toward the sidewalk running north and south parallel with the street...

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