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CHAPLIN v. GAS SERVICE CO.

No. 43,689

194 Kan. 31 (1964)

397 P.2d 320

ERNEST E. CHAPLIN, a Minor, by and through ELMER CHAPLIN, his father, natural guardian and next friend, Appellant, v. THE GAS SERVICE COMPANY, a Corporation, and ANDREW ROSE, Appellees.

Supreme Court of Kansas.

Opinion filed December 12, 1964.

Attorney(s) appearing for the Case

Russell Cranmer, of Wichita, argued the cause, and Gerald L. Michaud; Orval L. Fisher; Thomas A. Wood, and M. William Syrios, all of Wichita, were with him on the briefs for the appellant.

F.C. McMaster, of Wichita, argued the cause and P.K. Smith and Stanford J. Smith, both of Wichita, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, C.J.:

Ernest E. Chaplin, a minor seven years of age, by and through Elmer Chaplin as his father and next friend, brought this action to recover damages for injuries alleged to have been sustained as the result of his clothing being ignited by the lighted gas burners of a kitchen stove. A demurrer to the petition was sustained by the trial court and plaintiff perfected this appeal from that ruling.

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