[Download] "Clark v. Hildreth" by Supreme Court of Kansas * Book PDF Kindle ePub Free
eBook details
- Title: Clark v. Hildreth
- Author : Supreme Court of Kansas
- Release Date : January 29, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
The opinion of the court was delivered by This was an appeal from an order of the trial court sustaining
a demurrer to plaintiff's amended petition seeking recovery of
damages for personal injuries she received as a result of an
intersection collision. After plaintiff filed her petition the defendant filed a motion
to strike the petition, which the trial court overruled, and in
the alternative the motion was (1) to require separate statements
of the alleged acts of negligence and the wanton and willful
conduct, to distinguish between those acts as to category, and to
number each act separately; and (2) to strike references to
statutes. These two grounds were sustained. Ground (3) of the
motion was to strike certain parts of the first cause of action
because it was not based upon res ipsa loquitur and because of
allegations of specific negligent acts; and (4) was to require a
statement of facts upon which appellant claimed wanton and
willful conduct, or to strike all claim for exemplary damages for
the reason that the allegations thereof were conclusions of fact
and law. These two grounds were overruled.