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ROSE v. BOARD OF EDUCATION

No. 41,256

184 Kan. 486 (1959)

337 P.2d 652

DALE EDWARD ROSE, JR., by his next friend, DALE E. ROSE, Appellant, v. THE BOARD OF EDUCATION OF ABILENE, KANSAS, and HARRY ADAMS, Appellees.

Supreme Court of Kansas.

Opinion filed April 11, 1959.

Attorney(s) appearing for the Case

Horace A. Santry, of Salina, argued the cause, and Joseph B. Crowther, of Salina, was with him on the briefs for the appellant.

John H. Lehman, of Abilene, argued the cause, and D.V. Romine and William A. Guilfoyle, both of Abilene, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

This was an action by a six-year-old boy, through his father, against the board of education of Abilene and one of its employees to recover for personal injuries sustained by plaintiff when he stepped into hot burning coals resulting from the burning of a tree stump by the employee on the school playgrounds.

Defendants' joint demurrer on the ground the petition did not state facts sufficient to constitute...

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