Cale v. Johnson

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 in the district court of Sedgwick County on August 24, 1953, by the filing of a petition. Against this pleading defendant leveled a motion to…