Dunn v. City of Emporia

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal from an order of the lower court sustaining a demurrer to the petition of the plaintiff.

Throughout this opinion the appellant, Dale Dunn, will be referred to as the plaintiff, and The City of Emporia, Kansas, appellee, will be referred to as the defendant.

The plaintiff, a student at Kansas State Teachers College, at Emporia, Kansas, while clothed in tennis shorts and tennis shoes, was walking from the campus along the side of a public sidewalk to the tennis courts some distance from the school and in so doing fell into a…