Kitchen v. Smith

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal from an order of the trial court overruling the defendant’s demurrer to the amended petition of the plaintiff.

The sole question presented is whether the amended petition states a cause of action under the doctrine of res ipsa loquitur.

The amended petition alleges that plaintiff (appellee) was the owner of a section of grassland which was used for the pasturing of cattle and making hay; that on or about the 8th day of September, 1956, the plaintiff sold all of the standing prairie grass on said land to H. W. Smith.…