City of Salina v. Kerr

The opinion of the court was delivered by

Mahan, P. J. :

The assignments of error are as follows: (1) In overruling the defendant’s demurrer to the plaintiff’s evidence; (2) in overruling defendant’s motion for a new trial; (3) in rendering judgment against the defentant for $800., „ eriy overruled.

*224" EF°isiWe *223The demurrer was properly overruled.. There was evidence in support of every material allegation of the plaintiff’s petition sufficient to make a prima facie case. The contention is that there was no evi<jence showing negligence on the part of the city. It is true that the evidence does…