St. Louis & San Francisco Railroad v. Stone

OPINION DENYING A. PETITION FOR A REHEARING.

The opinion of the court was delivered by

Benson, J.:

In an application for a rehearing it is urged that the sufficiency of the petition, challenged, by an objection to evidence, was not directly decided by this court. The conclusion that the petition stated a good cause of action is fairly deducible from the language used in the opinion, and is expressly stated in the syllabus. This conclusion is supported by the reasons stated, and is warranted by the opinion in Daugherty v. Fowler, 44 Kan. 628, 25 Pac. 40. It has also been held by many courts in…