MONTGOMERY v. BARTON

No. 46,840

212 Kan. 368 (1973)

510 P.2d 1187

FLOYD WAYNE MONTGOMERY, II, a Minor, by LOUISE MONTGOMERY, His Mother and Natural Guardian, Appellant, v. PATRICK BARTON, a Minor, NATHANIEL S. BARTON and NANCY J. BARTON, Appellees.

Supreme Court of Kansas.

Opinion filed June 9, 1973.


Attorney(s) appearing for the Case

Otto J. Koerner, of Koerner & Carnahan, of Wichita, argued the cause, and G.E. Carnahan, of the same firm, was with him on the brief for the appellant.

Greer Gsell, of Hershberger, Patterson & Jones, of Wichita, argued the cause and was on the brief for the appellees.


The opinion of the court was delivered by

OWSLEY, J.:

This action is based on injuries to plaintiff resulting from children playing with burning gasoline on the premises of the defendants. Nathaniel S. Barton, Nancy J. Barton, and their twelve-year-old son, Patrick, were charged with wanton and reckless negligence. The trial court sustained a motion for summary judgment in favor of Nathaniel S. Barton and Nancy J. Barton, and at the close of plaintiff's evidence...

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