FREEBURNE v. CITY OF EMPORIA

No. 39,398

176 Kan. 503 (1954)

271 P.2d 298

MARSHALL J. FREEBURNE, Appellee, v. THE CITY OF EMPORIA, a Municipal Corporation, Lyon County, Kansas, Appellant.

Supreme Court of Kansas.

Opinion filed June 12, 1954.


Attorney(s) appearing for the Case

James W. Putnam and Richard Mankin, both of Emporia, argued the cause and were on the briefs for the appellant.

Everett E. Steerman, of Emporia, George A. Robb and Forrest A. Wilson, both of Newton, all argued the cause, and J.G. Somers, of Newton, was with them on the briefs for the appellee.


The opinion of the court was delivered by

PARKER, J.:

This was an action to recover damages for injuries sustained in colliding with an alleged defect in a city street. The appeal is from an order overruling a demurrer to the amended petition.

Whether the amended pleading, hereinafter for purposes of brevity referred to as the petition, states facts sufficient to constitute a cause of action is the all decisive...

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