Miller v. Wichita Gas Co.

The opinion of the court was delivered by

Smith, J.:

This was an action by a minor through his next friend for damages caused by inhaling the fumes of monoxide gas. The general verdict was in favor of defendant. The appeal is by the defendant from orders granting plaintiff a new trial and from orders overruling a demurrer to the evidence of plaintiff and overruling a motion for a directed verdict.

The facts are as follows: Plaintiff lived with his brother and his brother’s wife in an apartment in Wichita. The apartment house was built by a man named Shearer in 1930. There were four apartments in…