Frost v. City of Topeka

The opinion of the court was delivered by

Burch, J.:

The action was one for damages for personal injuries sustained through the negligence of the city. A demurrer to the answer was overruled and the plaintiff appeals.

The petition disclosed that the plaintiff’s parents became afflicted with smallpox and were confined in the detention hospital of the city. The plaintiff, a child of nine years, was taken to the hospital with his parents and was allowed to play about the hospital grounds. He found a sack of dynamite caps which employees of the city had taken to the hospital grounds and had…