Freeburne v. City of Emporia

The opinion of the court was delivered by

Parker, J.:

This was an action to recover damages for injuries sustained in colliding with an alleged defect in a city street. The appeal is from an order overruling a demurrer to the amended petition.

Whether the amended pleading, hereinafter for purposes of brevity referred to as the petition, states facts sufficient to constitute a cause of action is the all decisive appellate issue involved. On that account, because it sets forth all the facts and definitely discloses the legal theory on which plaintiff bases his right to relief, we shall quote such…