CALE v. JOHNSON

No. 39,637

177 Kan. 576 (1955)

280 P.2d 588

ROGER CALE, by and through Hilda Cale, his mother and next friend, Appellant, v. CARL JOHNSON, d/b/a Cejay Stadium, Appellee.

Supreme Court of Kansas.

Opinion filed March 5, 1955.


Attorney(s) appearing for the Case

Carl L. Buck, of Wichita, argued the cause, and Ralph E. Gilchrist, of Wichita, was with him on the briefs for the appellant.

Daniel M. Moyer, of Wichita, argued the cause, and Franklin Hiebert, of Wichita, was with him on the briefs for the appellee.


The opinion of the court was delivered by

PARKER, J.:

This was an action for damages brought by plaintiff, a minor of the age of eighteen years, by and through his mother and next friend, for injury to his right eye, sustained while in attendance at a stock car race at a stadium owned and operated by defendant. The appeal is from an order and judgment sustaining defendant's demurrer to plaintiff's second amended petition.

Plaintiff commenced the action...

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