Robbins v. City of Kansas City

The opinion of the court was delivered by

Hoch, J.:

This was an action to recover damages for personal injuries received in a fall alleged to have been caused by a defect in a sidewalk. The plaintiff prevailed and the defendant city appealed.

We must first determine what questions, if any, are here for review. At the close of the opening statement by the plaintiff the defendant moved for judgment on the pleadings and the opening *426statement. This motion was based upon variance between certain allegations of the petition and the opening statement as to the exact location and nature of the alleged…