Berwert ex rel. Berwert v. Atchison, Topeka & Santa Fe Railway Co.

VAN OSDOL, Commissioner.

Plaintiff Patrick Berwert, an infant, instituted this action by next friend for $150,-*113000 for personal injuries sustained when he fell 'from defendant’s trestle bridge or underpass with stairstep construction situate adjacent to a public street in Topeka, Kansas. The trial court sustained defendant’s motion to dismiss the action on the ground that plaintiff’s amended petition failed to state a claim upon which relief could be granted. Plaintiff has appealed from the judgment of dismissal.

Plaintiff had alleged that defendant is a Kansas corporation operating a…