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eBook details

• Title: Krey v. Schmidt
• Author : Supreme Court of Kansas
• Release Date : January 10, 1950
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

The opinion of the court was delivered by Plaintiff, a minor, brought this action through his father to recover damages for personal injury caused by the negligent operation of defendant's truck, joining as parties defendant the driver, Schmidt, the owner, Popp, and the insurance carrier. Amendments were filed to the original petition to comply with portions of defendants' motion to make definite and certain sustained by the court. Subsequently defendants' motion to strike the amendments was overruled, whereupon defendants filed a motion denominated ""Special Demurrer"" moving to strike paragraph 8(e) of the petition as amended, which motion also was overruled. Defendants appeal and urge that the court erred in overruling their special demurrer to that portion of plaintiff's petition as amended wherein a cause of action was attempted to be stated for willfullness for the reason that the petition failed to state facts constituting willfullness. Pertinent parts of plaintiff's petition as amended read as follows:

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