McComas v. Sanders

The opinion .of the court was delivered by

Thiele, J.;

This was an action to recover for damages alleged to have been sustained by reason of defendants’ negligence. The trial court treated defendants’ motion to strike various allegations of the petition as though it were a demurrer and sustained it, and plaintiff appeals. He does not contend there was error in the method of treatment, but only that the result was erroneous.

The petition alleged that the defendants, as partners, conducted a sales yard in Hutchinson, handling all kinds of livestock; that the sales yard consisted of a central ring…