Allman v. Bird

The opinion of the court was delivered by

Schroeder, J.:

This is an action for damages sustained by the plaintiff while water skiing alleged to have been caused by the negligence of the defendant in operating a motor boat. The case has previously been to this court on appeal in Allman v. Bird, 186 Kan. 802, 353 P. 2d 216, on a question of pleading. The instant appeal (still at the pleading stage of the case) is from an order of the trial court overruling the plaintiff’s motion to strike the defense of assumption of risk from the defendant’s answer, and also from an order of the trial court…