Gerber v. McCall

The opinion of the court was delivered by

Price, J.:

This case is an aftermath of the Great Flood of 1951 in the valley of the Kansas (Kaw) River, and is an action to recover damages for the destruction by fire of plaintiffs’ warehouse, alleged to have been the proximate result of defendant’s negligent operation of his gasoline filling station after being warned of the imminence of a flood.

Defendant has appealed from an order overruling his demurrer to the second amended petition on the ground that pleading fails to state facts sufficient to constitute a cause of action.

Because of the nature of…