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MATHEWS v. COOK

No. 38,117

170 Kan. 462 (1951)

226 P.2d 849

INA MATHEWS, by her next friend, C.D. MATHEWS, Appellee, v. HERSHEL COOK, Appellant.

Supreme Court of Kansas.

Opinion filed January 27, 1951.

Attorney(s) appearing for the Case

Wayne Coulson, of Wichita, argued the cause, and Howard T. Fleeson, Homer V. Gooing, Paul R. Kitch, Dale M. Stucky, and Donald R. Newkirk, all of Wichita, were with him on the briefs for the appellant.

Joe T. Rogers of Wichita, argued the cause, and Roy L. Rogers, of Wichita, was with him on the briefs for the appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

This was an action for damages for an alleged assault and battery. The appeal is from an order of the court overruling defendant's demurrer to the petition.

The pertinent portion of the petition reads:

"That on November 14, 1949, the defendant invited this plaintiff to permit him to take her to her home, stating that he was going over near to such home for the purpose of playing tennis...

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