Legal Opinion

Richey v. Darling

Supreme Court of Kansas

Decided November 8, 1958No. 41,073PublishedCited by 9 opinions

1Opinion of the Court

*643The opinion of the court was delivered by

Robb, J.:

This is an appeal from the trial court’s order overruling defendant’s demurrer to plaintiff’s petition.

Defendant’s demurrer stated in substance that the petition did not state facts sufficient to constitute a cause of action in favor of plaintiff and against the defendant and further that plaintiff consented to and participated in all acts alleged to have been perpetrated by defendant, and having so consented and participated, she cannot recover for the resulting damage.

The trial court overruled the demurrer and gave defendant twenty days to…

2Cases cited2 opinions

  1. FERNCO, INC. v. KennedySupreme Court of Kansas · 1957
  2. Scovill v. ScovillSupreme Court of Kansas · 1936

3Cited by9 opinions

  1. McCoy v. Wesley Hospital & Nurse Training SchoolSupreme Court of Kansas · 1961
  2. Adams v. City of Arkansas CitySupreme Court of Kansas · 1961
  3. Dugger v. State Highway CommissionSupreme Court of Kansas · 1959
  4. Younts Ex Rel. Johnson v. St. Francis Hospital & School of Nursing, Inc.Supreme Court of Kansas · 1970
  5. Otto v. SwartzSupreme Court of Kansas · 1960

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