Frost v. City of Topeka

The opinion of the court was delivered by

Porter, J.:

The sole question for determination is whether the trial court erred in sustaining defendant’s motion for judgment on the pleadings. It is. conceded that the motion is in substance a demurrer to the petition. The action was for damages for personal injuries alleged to have been sustained through the negligence of the city. On plaintiff’s former appeal the action of the trial court in overruling a demurrer to defendant’s answer was affirmed. (Frost v. City of Topeka, 98 Kan. 636, 161 Pac. 936.) The syllabus of that case states the facts and…